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ANIL KUMAR UPMAN
Kamlesh @ K. K. @ Kalla Meena S/o Shri Kaluram – Appellant
Versus
State – Respondent
ORDER :
1. The instant revision petition has been filed by the petitioner herein challenging the impugned judgment dated 03.11.2009 passed in Cr. Appeal No. 09/2009 by learned Addl. Sessions Judge Gangapur City (hereinafter referred to ‘the learned first appellate court’) and judgment dated 09.02.2009 passed in Criminal Case No. 594/2008 by learned Addl. Chief Judicial Magistrate, Gangapur City (hereinafter referred to as ‘the learned trial court’).
2. Vide the impugned judgment dated 09.02.2009, the learned trial court convicted the petitioner for offence under Section 224 IPC and sentenced him to undergo two years’ RI with fine of Rs.20,000/-. In default of payment of fine, the petitioner was also sentenced to serve six months’ additional simple imprisonment.
3. The petitioner challenged the said judgment before the learned Addl. Sessions Judge, Gangapur City, Rajasthan by way of filing appeal (No. 09/2009) and the learned first appellate court vide its judgment dated 0311.2009 partly allowed the appeal and while maintaining the conviction of the petitioner for offence under Section 224 IPC and substantive sentence for two years, reduced the fine amount from Rs.20,000/- to Rs.2,000/
The court can reduce a sentence to the time already served when considering the duration of custody and the circumstances of the case.
The court can reduce a sentence to the time already served, considering the duration of trial and incarceration, while maintaining the conviction.
The court can reduce sentences based on the duration already served and circumstances surrounding the case, while maintaining the conviction and fine imposed.
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 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 served by the accused and the mental trauma of a protracted trial in deciding the reduction of the substantive sentence while maintaining the....
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 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 spent by the accused-petitioner in incarceration and trial when deciding on the reduction of the sentence for the offences.
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