Back
FARJAND ALI
Sambhu Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. summary of case background and charges (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by both parties (Para 6 , 7) |
| 3. court analysis and evaluation of evidence (Para 8 , 9 , 10) |
| 4. discussion on sentence modification (Para 11 , 12) |
| 5. final judgment and appeal outcome (Para 13 , 14 , 15) |
JUDGMENT :
Farjand Ali, J.
The appellant has preferred the instant appeal under Section 374 of the CrPC being aggrieved of the judgment dated 18.08.1994 passed by the learned Special Judge, Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Cases Court, Jodhpur in Sessions Case No.52/1994, whereby he has been convicted and sentenced as under :-
| Offence for which convicted | Sentence, Fine and Default Sentence |
| Section 3(1)(x) of the SC/ST Act | 6 months' simple imprisonment alongwith a fine of Rs.500/- and in default of payment of fine, 2 months' simple imprisonment |
| Section 336 IPC | A fine of Rs.150/- and in default of payment of fine, 15 days' simple imprisonment |
2. Briefly stated, facts relevant and essential for disposal of the case are that on 28.03.1994 complainant Peeraram, resident of Narwa, submitted a written report at the Police Station S
The court affirmed the conviction but modified the sentence to time already served, emphasizing reformative justice based on the elapsed time and personal circumstances of the appellants.
A conviction under the SC/ST Act requires conclusive proof of intentional insult based on caste; mere verbal disputes over monetary issues do not fulfill this requirement.
The court determined that the mens rea required under the SC/ST Act was not established due to lack of evidence proving caste-based intent in the alleged trespass, resulting in annulment of convictio....
The court may reduce a sentence to the period already undergone when considering the time served and mental trauma, while upholding the conviction under relevant laws.
The necessity of independent and impartial witnesses in cases under the SC/ST (Prevention of Atrocities) Act to substantiate claims of public humiliation and intimidation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
