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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 :
1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, has been filed by the accused-petitioner- Raju @ Rajuddin against Judgment and Order dated 04.12.2019 passed by Additional Session Judge (Women Atrocities Cases), Bharatpur (hereinafter referred to as "appellate court") in Criminal Appeal No. 161/2019 (Raju @ Rajudddin Vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner against the Judgment and Order of Sentence dated 05.02.2016 passed by Additional Chief Judicial Magistrate No.2, Bharatpur (hereinafter referred to as "trial court") was partly allowed and sentence of two years simple imprisonment was modified as one and a half year simple imprisonment. The trial court convicted and sentenced accused- petitioner for the offence under section 379 I.P.C. to undergo two years with fine of Rs.1000/- and in default of payment of fine further undergo one month additional S.I.
2. Facts of the case in short are that on the basis of the written report (Ex.P/1 submitted by complainant- Seetaram wi
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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