MANOJ KUMAR GARG
Nirdosh Singh – 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 19.06.2003 passed in Cr. Appeal No. 13/2003 by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter referred to as 'the appellate court') by which the appellate court partly allowed the petitioners' appeal and instead of offence under Section 392 IPC, it convicted the accused-petitioners for offence under Section 379 IPC and sentenced them to undergo six months' RI each and imposed a fine of Rs.2,000/- and in default of payment of fine, to further undergo one month's R.I.
2. Whereas, the learned Addl. Chief Judicial Magistrate No. 2, Udaipur (hereinafter referred to as 'the trial court') vide judgment dated 04.02.2003 passed in Cr. Case No. 525/2001 convicted the petitioners for offence under Section 392 IPC and sentenced them to undergo one year's RI and imposed a fine of Rs.2,000/- and in default of payment of fine, to further undergo three months' RI.
3. By this revision petition, the petitioners also challenge the judgment of the trial court.
4. Brief facts of the case are that on 25.05.2001 at about 9:15 PM, complainant Smt. Ka
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 can reduce a sentence based on time served and the circumstances of prolonged trial, maintaining conviction while waiving fines.
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 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 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.
Sentencing must consider the offender's circumstances and the duration of trial, ensuring justice is served without unnecessary incarceration.
The court may reduce a sentence to the period already served, considering the duration of incarceration and the circumstances surrounding the case.
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 upheld the conviction for negligent driving but modified the sentence to the time already served, emphasizing justice and the petitioner's circumstances.
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