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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE GANESH RAM MEENA, J
BIRJU @ BRIJMOHAN – Appellant
Versus
STATE – Respondent
Order :
1. The present criminal revision petition has been filed by the accused- petitioner under Section 397 read with Section 401 of CrPC assailing the judgment of conviction and sentence dated 15.09.2004 passed by the Court of Additional Chief Judicial Magistrate, Ramganj Mandi, District Kota (for short ‘the trial Court’) in Criminal Case No.741/2000, whereby the trial Court convicted the accused-petitioner for the offence punishable u/S 279, 337, 338 & 304-A IPC. For offence u/S 279 IPC, the accused petitioner was sentenced to undergo six months simple imprisonment with a fine of Rs.500/-. For offence u/S 337 IPC, the accused petitioner was sentenced to undergo six months simple imprisonment with a fine of Rs.200/-. For offence u/S 338 IPC, the accused petitioner was sentenced to undergo six months rigorous imprisonment with a fine of Rs.500/- and for offence u/S 304-A IPC, the accused petitioner was sentenced to undergo one years’ simple imprisonment with a fine of Rs.1000/-. The petitioner had further challenged the aforesaid order/judgment dated 15.09.2004 passed by the trial Court by filing a Criminal Appeal bearing No.11/2004 before the Court of Additional Sessions Judge, R
The court may reduce the sentence to time already served, considering the long pendency of the case and principles of restorative justice.
The court may reduce a sentence to the time already served based on the principles of restorative justice and the lengthy pendency of the case.
The court may reduce a sentence to the period already served based on restorative justice principles and the protracted nature of the case.
The court may reduce a sentence to the time already served based on restorative justice principles and the circumstances of the case.
The court may reduce the minimum sentence under the Arms Act for adequate reasons, considering the offender's age and rehabilitation potential.
The court has the discretion to consider the period already undergone by the accused when deciding on the appropriate sentence, based on the principles of sentencing policy and precedent laws.
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