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MANOJ KUMAR GARG
Abdul Rasid @ Rasid Ahmed – 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 02.07.2013 passed by learned Additional Sessions Judge, Sojat, District Pali (hereinafter referred to as 'the appellate court') in Criminal Appeal No. 30/2012 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 04.09.2012 passed by the learned Judicial Magistrate, Sojat, District Pali (hereinafter referred to as 'the trial court') in Criminal Regular Case No. 736/2007, whereby, the learned trial court convicted the petitioner for offence under Section 498A IPC and sentenced him to undergo six months' S.I. and a fine of Rs.1,000/-, in default of payment of fine, further undergo one month's S.I.
2. Brief facts of the case are that on 10.09.2007, complainant Shahnaj Bano submitted a complaint before the concerned court to the effect that she was subjected to cruelty by her husband and in-laws for dowry. The concerned court sent the complaint to the concerned Police Station under Section 156(3) Cr.P.C. Upon which, the police registered the case against the accused persons including the prese
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 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 period already served, considering the duration of incarceration and the circumstances surrounding the case.
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 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 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 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.
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