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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Kaloo – Appellant
Versus
State – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
1. By way of filing the instant criminal revision petition, a challenge has been made to the order dated 10.08.2005 passed by learned Additional Sessions Judge (Fast Track), No.2, Bhilwara in Criminal Appeal No.9/2005 whereby the learned appellate Court partly allowed the appeal filed against the judgment of conviction dated 04.06.2002 passed by the learned Civil Judge cum Judicial Magistrate (First Class), Bijolia in Regular Criminal Case No.111/1999. The learned appellate Judge convicted and sentenced the petitioners as under:-
| Offence | Sentence | Fine | Sentence in default of fine |
| Section 365 IPC | 6 months’ SI | Rs.500/- | 1 month’s SI |
| Section 342 IPC | 1 month’s SI | Rs.200/- | 7 days’ SI |
| Section 323 IPC | 1 month’s SI | Rs.200/- | 7 days’ SI |
2. All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.
3. The gist of the prosecution story is that on 08.07.1999, complainant – Ramprasad submitted a report at P.S. Bijolia to the extent that on 06.07.1999 at about 11 AM when he went to his field in search of his father, one Omprakash informed him that the present petitioners took away his father on a motorcycle
The court upheld the conviction but modified the sentence to the time already served, emphasizing justice must consider the accused's circumstances and hardships.
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 may reduce a sentence based on time served and the circumstances of the case while maintaining the conviction.
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 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 may reduce a sentence to the period already served, considering the duration of incarceration and the circumstances surrounding the case.
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 affirmed the conviction but modified the sentence to the time already served, emphasizing the need for a just and reasonable sentence considering the petitioner's circumstances.
The court established that while the conviction for negligent driving resulting in death and injury was warranted, sentencing should consider the individual circumstances of the offender, including a....
The court may reduce a sentence to the period already served, considering the time spent in incarceration and the circumstances of the case.
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