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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Mohan Lal – Appellant
Versus
State – Respondent
Judgment :
1. Instant revision petition has been filed by the petitioner challenging the judgment dated 23.01.2003 passed by learned Special Judge, SC/ST (Prevention of Atrocities), Udaipur in Cr. Appeal No.13/2002, by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 19.10.2002, passed by learned Addl. Chief Judicial Magistrate, No.2, Udaipur, in Cr. Case No.535/2002 by which the learned trial court convicted and sentenced the petitioner as under :
| S.No. | Offence | Sentence | Fine | Sentence in default of fine |
| 1. | 457 IPC | 5 year RI | Rs.200/- | 1 month Addl. SI |
| 2. | 380 IPC | 5 year RI | Rs.200/- | 1 month Addl. SI |
2. Both the sentences were ordered to run concurrently.
3. Brief facts of the case are that on 05.06.2002, complainant Mangilal submitted a written report at Police Station Amba Mata 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 petitioner.
4. After completion of investigation, the police filed challan against the present petitioner. Thereafter, the trial court framed charges against the petitioner for offences under Sections 457
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 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 upheld the conviction under Section 379 IPC but reduced the sentence to the period already served, considering the time spent in custody and the circumstances of 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 may reduce a sentence to the period already served, considering the duration of incarceration and the circumstances surrounding the case.
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 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 based on time served and overall circumstances, even while maintaining a conviction.
The court may reduce a sentence to the period already served, considering the time spent in incarceration and the circumstances of the case.
The court may reduce a sentence based on the time already served and the overall circumstances of the case, while maintaining the conviction.
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