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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE BHUWAN GOYAL, J
Raju @ Rajuddin S/O Shri Razzak Mev By Caste Mev – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. principles of sentencing (Para 11 , 12) |
| 2. modification of sentence (Para 13 , 14 , 15) |
Order :
2. Facts of the case in short are that on the basis of the written report (Ex.P/1 submitted by complainant- Seetaram with respect to an incident, which occurred on 07.05.2014, F.I.R. No. 398/2014 was registered at Police Station Mathura Gate District Bharatpur for the offence under Section 379 of I.P.C. After conclusion of investigation, police submitted charge-sheet against accused- petitioner for the offences under Sections 379 & 411 of I.P.C. The trial court framed charges for the aforesaid offences and trial was commenced. After conclusion of trial, the trial court passed judgment and order of sentence dated 05.02.2016 whereby accused-petitioner was convicted and sentenced for the offence under Section 379 of I.P.C. as stated above. Aggrieved by judgment of conviction and sentence dated 05.02.2016, accused- petitioner preferred an appeal before the learned appellate court, which passed the Judgment & Order dated 04.12.2019 partly allowing the appeal and while affirming conviction of accused petitioner modifying the order of sentence passed by the trial court. Hence, t
Sentencing must consider the offender's circumstances and the duration of trial, ensuring justice is served without unnecessary incarceration.
The court may reduce a sentence based on the defendant’s age, duration of trial, and absence of prior convictions, emphasizing that punishment should serve justice without compromising societal harmo....
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 modified the sentence for the accused-petitioner to the period already undergone, emphasizing the need for justice considering the lengthy trial and personal circumstances.
The court modified the sentence of the accused due to prolonged trial and personal circumstances, affirming the conviction while ensuring justice is served.
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