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MANOJ KUMAR GARG
Radha Kishan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. Application (1/2023) for early listing of the case is allowed for reasons stated therein.
2. The matter is being heard and decided today itself.
3. Instant criminal appeal has been filed by the appellant against the judgment dated 04.04.1997 passed by learned Special Judge, Special Court, SC/ST (Prevention of Atrocities) Act Cases, Merta in Sessions Case No. 5/95 by which the learned Judge convicted and sentenced the appellant as under:
| Offence under section 3(1)(x) of SC/ST Act | Six months' R.I. and a fine of Rs. 500/-, in default of payment to further undergo 15 days' R.I. |
| Offence under section 325 IPC | Six months' R.I. and a fine of Rs. 500/-, in default of payment to further undergo 15 days' R.I. |
| Offence under section 323 IPC | Three months' R.I. and a fine of Rs. 100/-, in default of payment to further undergo 7 days' R.I. |
| Offence under section 341 IPC | One month's R.I. and a fine of Rs. 50/-, in default of payment to further undergo 1 day's R.I. |
4. All the sentences were ordered to run concurrently.
5. Brief facts of the case are that SHO, PS Jayal, District Nagaur, recorded a Parcha Bayan
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 court can reduce a sentence to the time already served when considering prolonged custody and mental trauma of the accused while maintaining the conviction.
The court may reduce a sentence based on the time already served and the circumstances of the case, while maintaining the conviction.
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.
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 upheld the conviction for negligent driving but modified the sentence to the time already served, emphasizing justice and the petitioner's circumstances.
The absence of evidence for abusive language led to acquittal under the SC/ST Act, while the sentence under IPC was reduced to time already served due to prolonged trial.
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 may reduce a sentence based on compromise and time served while maintaining the conviction in criminal cases.
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.
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