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MANOJ KUMAR GARG
Hapu Ram S/o Gudar Ram – 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 24.06.2005 passed by learned Additional Sessions Judge No. 3, Jodhpur (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No. 49/2003 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 01.08.2003 passed by the learned Additional Chief Judicial Magistrate, Bilara, in Cr. Case No. 59/1997, whereby, the learned trial court convicted the petitioner for offence under Section 408 IPC and sentenced him for two years SI with fine of Rs. 2,000/- and in default of payment of fine, to further undergo two months’ SI.
2. Brief facts of the case are that on 17.05.1996, PW-2 Bhanwar Singh, Auditor, Sahakari Samiti, Jodhpur submitted a written report (Ex-P/3) at Police Station Bilara to the effect that the petitioner Hapu Ram was working as Manager, Gram Seva Sahakari Samiti, Ransi Gaon and according to the audit report for the year, 01.04.1994 to 31.03.1995 & 01.04.1995 to 30.06.1995, the petitioner misappropriated the amount by depositing less amount in Bank and made false entries i
The court can reduce a sentence based on the time already served, especially in cases of prolonged trials, while maintaining the conviction.
The court can reduce a sentence based on the time already served, considering the circumstances surrounding the case.
The court has the discretion to consider the occurrence, the age of the accused, and the time spent in incarceration when deciding on the reduction of the sentence for an offence.
The court established that in cases of prolonged trials, the time served and the mental impact on the accused should be significant factors in determining the appropriateness of the sentence.
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 surrounding the case, even when the conviction is upheld.
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 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 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.
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