Back
MANOJ KUMAR GARG
Madhu Lal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. Instant revision petition has been filed by the petitioners challenging the judgment dated 26.02.2015 passed in Cr. Appeal No. 71/2014 by learned Addl. Session Judge, No. 3, Chittorgarh (hereinafter referred to as 'the appellate court') by which the appellate court dismissed the appeal of the petitioners and upheld the judgment dated 09.07.2013 passed by learned Judicial Magistrate, Rasmi in Regular Criminal Case No. 117/2011, whereby, the learned trial court convicted and sentenced the present petitioners as under:
| Offence under section 392 IPC | Three years R.I. and a fine of Rs.1,000/-, in default of payment of fine, to further undergo one month's S.I. |
2. Brief facts of the case are that on 03.03.2011 complainant Smt. Kali submitted a report before PS Rasmi inter-alia alleging therein that today at about 5:30 PM, when she was returning home, two persons came on a motorcycle and snatched her golden nose-ring and ran away. On this report, Police registered a case against unknown persons for offence under Section 392 IPC and started investigation. During investigation, the petitioners were arrested by the Police.
3. After completion of i
The court can reduce a sentence based on time served and the circumstances of prolonged trial, maintaining conviction while waiving fines.
The court upheld the conviction under Section 379 IPC but reduced the sentence to the period already served, considering the time spent in custody and the circumstances of the case.
The court may reduce a sentence based on the time already served and the circumstances surrounding the case, even when the conviction is upheld.
The court has the discretion to consider the time already undergone and the mental agony of protracted trial in reducing the sentence of the accused.
The court has the discretion to consider the time already spent by the accused-petitioner in incarceration and trial when deciding on the reduction of the sentence for the offences.
The court can reduce the sentence to the period already served, considering the time spent in custody and the mental trauma of a protracted trial.
The court may reduce a sentence to the period already served, considering the duration of incarceration and the circumstances surrounding the case.
The court upheld the conviction but modified the sentence to the time already served, emphasizing justice must consider the accused's circumstances and hardships.
The court may reduce a sentence to the time already served when considering the circumstances of the case and the mental trauma endured during protracted trials.
The court can reduce a sentence to the time already served, considering the duration of trial and incarceration, while maintaining the conviction.
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
