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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
GANESH RAM MEENA
Girraj Prasad S/o Shri Santa Prasad – Appellant
Versus
State Of Rajasthan, Through P.P. – Respondent
ORDER :
GANESH RAM MEENA, J.
1. The present criminal writ petition has been filed by the accused- petitioner assailing the sentence and judgment dated 05.04.2019 passed by the Court of learned Special Judge S.C./S.T. (Prevention of Atrocities) Cases, Dausa, (for short the ‘Appellate Court’) in Criminal Regular Appeal No.49/2017 (Girraj Prasad Vs. State), whereby the learned appellate Court partly allowed the appeal and upheld/confirmed the conviction and judgment dated 20.11.2015, passed by the Court of learned Judge Gram Nyayalaya, Dausa in Criminal Case No.206/2001 (B.T. No.882/11), and modified/altered the sentence awarded to the accused petitioner as under:-
Under Section 279 I.P.C.- to undergo three months simple imprisonment in place of six months simple imprisonment and a fine of Rs.1000/- and in default of payment of fine to further undergo seven days' additional simple imprisonment
under Section 337 I.P.C.- to undergo three months simple imprisonment in place of six months simple imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo seven days' additional simple imprisonment,
Under Section 338 I.P.C.- to undergo six months simple imprisonment
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 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 the principles of restorative justice and the lengthy pendency of the case.
The court may reduce the sentence to time already served, considering the long pendency of the case and principles of restorative justice.
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