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MANOJ KUMAR GARG
Vikram Singh @ Dan Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1. Instant revision petition has been filed by the petitioner challenging the judgment dated 24.11.2015 passed in Cr. Appeal No. 10/2015 (6/2015) by learned Addl. Sessions Judge, Balotra (hereinafter referred to as 'the appellate court') by which the appellate court partly allowed the petitioner's appeal and while affirming the conviction of the petitioner, reduced his sentence passed by learned Judicial Magistrate, Balotra vide judgment dated 19.02.2015 in Cr. Regular Case No. 477/2014. Details of the sentence as reduced by the appellate court for offence under Sections 457 & 380 IPC are as under:
| Offence under Section 457 IPC | One year & six months' S.I. and fine of Rs.500/-, in default of payment of fine, to further undergo fifteen days' S.I. |
| Offence under Section 380 IPC | Six months' S.I. and a fine of Rs.500/-, in default of payment of fine, to further undergo fifteen days' S.I. |
2. All the sentences were ordered to run concurrently.
3. Brief facts of the case are that complainant Bhoma Ram submitted a report before the PS Sindhari, Barmer against unknown persons to the effect that on 19.02.2014 in the evening, after hav
The court may reduce a sentence based on the time already served and the overall circumstances of the case, while maintaining the conviction.
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 established that while convictions can be upheld, sentences may be adjusted based on the duration of pre-sentence custody and the circumstances surrounding the 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 may reduce a sentence to the period already served, considering the duration of incarceration and the circumstances surrounding the case.
The main legal point established in the judgment is the court's discretion to reduce the sentence to the period already undergone by the petitioners while maintaining the amount of fine, considering ....
The court may reduce a sentence to the period already served, considering the time spent in incarceration 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 main legal point established in the judgment is the court's discretion to reduce the sentence for the offences based on the time already spent by the petitioner in incarceration and trial, consid....
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.
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