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MANOJ KUMAR GARG
Magan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant criminal appeal has been filed by the appellants under Section 374(2) Cr.P.C. against the judgment dated 05.03.2014 passed by learned Special Judge, SC/ST (Prevention of Atrocities) & Addl. Sessions Judge, Pratapgarh, in Sessions Case No. 40/2010 by which the learned Judge convicted and sentenced the appellants as under:
| Offence under section 5, 6 R/w 8 of Bovine Act | One year's R.I. and a fine of Rs. 500/-, in default of payment of fine, further undergo fifteen days' S.I. |
| Offence under section 9 of Bovine Act | Six months' R.I. and a fine of Rs. 200/-, in default of payment of fine, further undergo seven days' S.I. |
| Offence 11 of Prevention of Animal Cruelty Act | Fine of Rs. 50/-, in default of payment of fine, further undergo three days' S.I. |
2. All the sentences were ordered to run concurrently.
3. Brief facts of the case are that on 25.05.2008 complainant Ramesh Chandra Sharma gave a written report to SHO Police Station Suhagpura, stating therein that on 25.05.2008 at about 7.00 a.m. Kailash Gurjar informed him that on Gautameshwar Road in Panawala Ghata a Truck bearing Number CH-6677 is standing, in which 25 calves we
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 may reduce a sentence based on the time already served and the circumstances of the case, while maintaining the conviction.
The court may reduce a sentence based on the time already served and the circumstances of the case, including mental trauma endured during trial.
The court can reduce a sentence to the period already undergone when considering the circumstances of the case and the mental trauma experienced by the appellants.
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.
The court upheld the conviction but reduced the sentence to the period already served, considering the duration of trial and mental suffering.
The court modified the sentence for the accused-petitioner to the period already undergone, emphasizing the need for justice considering the lengthy trial and personal circumstances.
First-time offenders may have their sentences modified to time served, considering the nature of the offence and prior custody.
The court upheld the conviction under Section 304 Part-II IPC but reduced the sentence to the time already served, considering the appellant's incarceration and circumstances of the case.
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