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MANOJ KUMAR GARG
Munna @ Muneshiya – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dated 22.05.2017 passed by learned Additional Sessions Judge No. 2, Nimbahera, District Chittorgarh (hereinafter referred to as 'the appellate court') in Criminal Appeal No. 36/2015 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 18.01.2013 passed by the learned Judicial Magistrate, Mandphiya, District Chittorgarh (hereinafter referred to as 'the trial court') in Criminal Regular Case No. 77/2008, whereby, the learned trial court convicted and sentenced the present petitioner as under:
| Offence under Section 148 IPC | Six months' S.I. and a fine of Rs.200/-, in default of payment of fine, to further undergo 15 days' Additional S.I. |
| Offence under Section 323/149 IPC | One month's S.I. and a fine of Rs.100/-, in default of payment of fine, to further undergo 5 days' Additional S.I. |
| Offence under Section 325/149 IPC | One year's S.I. and a fine of Rs.500/-, in default of payment of fine, to further undergo one month's Additional S.I. |
| Offence und |
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 to the time already served when considering the circumstances of the case and the mental trauma endured during protracted trials.
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 may reduce a sentence to the period already served, considering the duration of incarceration and the circumstances surrounding the case.
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 has the discretion to consider the time already served and the circumstances of the case in deciding the appropriate sentence for an offence.
The court can reduce a sentence under Section 498A IPC to the time already served when considering the circumstances of the case, including compromise and duration of trial.
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 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 overall circumstances of the case, while maintaining the conviction.
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