Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Sawai Singh – Appellant
Versus
State – Respondent
Judgment :
Instant revision petition has been filed by the petitioners challenging the judgment dated 11.07.2006 passed in Cr. Appeal No.19/2005 by learned Additional Sessions Judge, (Fast Track), Balotra HQ Barmer, by which the appellate court dismissed the appeal of the petitioners and upheld the judgments dated 01.06.2001 & 05.07.2001, passed by learned Chief Judicial Magistrate, Barmer, in Cr. Regular Case No.142/1997 by which the learned trial court convicted and sentenced the petitioners as under :
| S.No. | Offence | Sentence | Fine | Sentence in default of fine |
| 1. | 457 IPC | 2 years SI | Rs.100/- | One month SI |
| 2. | 380 IPC | 2 years SI | Rs.100/- | One month SI |
2. Both the sentences were ordered to run concurrently.
3. Brief facts of the case are that on 11.02.1997, complainant Bhomaram submitted a written report at Police Station Kotwali, Barmer in respect of a theft committed in his house by some unknown miscreants. On this report, Police registered a case and started investigation. During investigation, Police arrested the petitioners.
4. After completion of investigation, the police filed challan against the petitioners. Thereafter, the trial court framed charges against the accused petitioners for offences und
The court may reduce a sentence based on the time already served and the mental distress experienced during protracted trials, while maintaining the conviction.
The court can reduce a sentence to the time already served when considering the circumstances of prolonged trials and the time spent in custody.
The main legal point established in the judgment is the court's discretion to reduce the sentence for the offences based on the time already spent by the petitioner in incarceration and trial, consid....
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 can reduce a sentence based on time served and overall circumstances, even while maintaining a conviction.
The court can reduce a sentence to the time already served, considering the duration of trial and incarceration, while maintaining the conviction.
The court modified the sentence to the time already served, considering the petitioners' socio-economic status and the lengthy trial process.
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 ruled that in light of the prolonged trial and time served, the sentence for the offence under Section 16/54 of the Rajasthan Excise Act should be reduced to the period already undergone.
The court may reduce a sentence based on the time already served and the overall circumstances of the case, while maintaining the conviction.
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
