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FARJAND ALI
Rameshwar – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. case facts and convictions overview. (Para 1 , 2) |
| 2. arguments for leniency in sentencing. (Para 3 , 4) |
| 3. court's reasoning on sentence reduction. (Para 5 , 6) |
| 4. legal principles on sentencing. (Para 7) |
| 5. final judgment and order details. (Para 8 , 9) |
ORDER :
Farjand Ali, J.
The instant appeal under Section 374 (2) Cr.P.C. has been filed by the accused-appellants against the judgment dated 15.11.2022 passed by the learned Additional Sessions Judge No.1, Parbatsar, District Nagaur in Sessions Case No.20/2012 whereby the learned Judge convicted and sentenced the accused as under:-
| Name of the accused | Offence for which convicted | Substantive sentence | Fine and default sentence |
| Rameshwar Jagmal | Section 5 /8 of the Rajasthan Bovine Animal Act, 1955 | Two years' RI | Fine of Rs.2,000/- each and in default of payment of fine, additional simple imprisonment of two months. |
All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.
2. Succinctly stated the facts of the case are that the SHO, Police Station, Parbatsar District Nagaur and lodged an FIR
The court may reduce a sentence based on the duration of incarceration and the mental anguish suffered by the appellant, while maintaining the imposed fine.
The court can reduce sentences below the minimum prescribed in special circumstances, focusing on restorative justice and the specifics of each case.
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.
The court applied the principles of deterrence and correction in sentencing policy to reduce the appellants' sentence to the period already undergone.
The court considered the triability of the offences, absence of cruelty to the animals, and the duration of the accused petitioners' custody in granting bail.
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