Back
ANIL KUMAR UPMAN
Sarjeet S/o Balaram, R/o Bhobiya – Appellant
Versus
State Of Rajasthan, Through Public Prosecutor – Respondent
JUDGMENT :
Anil Kumar Upman, J.
1. By way of this criminal writ petition, the convict-petitioner has challenged the judgment dated 27.03.2024 passed by learned Additional Sessions Judge No.4, Sikar in Regular Criminal Appeal (CIS) No.135/2019, whereby the learned Appellate Court dismissed the appeal, filed by the petitioner against the judgment of conviction and sentence dated 26.07.2019 passed by learned Gram Nyayalaya, Kudli, District Sikar in Regular Criminal Case No.30/2012 (CIS No.30/2012) and affirmed the same. Vide judgment dated 26.07.2019 passed by the learned trial court, the petitioner has been convicted and sentenced as under:-
| Offence u/s. | Sentence | Fine | Default sentence |
| 279 IPC | Six months’ S.I. | Rs.500/- | 15 Days’ additional SI |
| 304-A IPC | Two years’ S.I. | Rs.1000/- | One Month Additional SI |
| 338 IPC | One Year’s SI | Rs.500/- | 15 Days’ additional SI |
| 337 IPC | Six months’ S.I. | Rs.500/- | 15 Days’ additional SI |
2. Briefly stated, the prosecution case as set up is that on 09.12.2011, complainant Ranveer Singh submitted a written report to ASI Mohanlal, PS Dadiya at S.K. Hospital,
The court emphasized the principle of proportionality in sentencing, allowing reduction based on mitigating circumstances while maintaining conviction.
The court emphasized that while deterrence in sentencing is crucial, mitigating factors like prolonged trials and compensation paid to victims should also influence sentencing outcomes.
Principle of proportionality between crime and punishment has to be borne in mind – Principle of just punishment is bedrock of sentencing in respect of a criminal offence.
The court balanced corrective and deterrence theories in sentencing, considering mitigating circumstances and the nature of the offense.
Convictions under Section 304-A IPC may permit probation for first-time offenders, balancing justice and rehabilitation, especially in negligence-based cases lacking mens rea.
:Merely because a long period has lapsed by the time appeal is decided cannot be a ground to award punishment which is disproportionate and inadequate.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
