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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Hari Babu, S/o Ramesh Rawal – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
FARJAND ALI
1. The instant Criminal Appeal has been preferred by the appellant against the judgment dated 19.12.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities ) Act Cases, Udaipur in Sessions Case No.114/1991 whereby he has been convicted and sentenced as under:-
| Name of the accused | Offence for which convicted | Substantive sentence | Fine and default sentence |
|---|---|---|---|
| 1. Hari Babu 2. Ramesh | Section 333 r.w. 34 of the IPC | 2 years'RI | Fine of Rs.500/- in default to further undergo three months RI |
| Section 353 IPC | 6 months' RI | Fine of Rs.100/- in default to further undergo one month's RI | |
| Section 341 IPC | 15 days'SI | Fine of Rs.50/- in default to further undergo one week's imprisonment |
All the sentences were ordered to run concurrently.
2. Briefly stated the facts of the case are that on 03.04.1990, a complaint was lodged by the complainant, Viram Singh (P.W.5), at the Hathi Pol Police Station, Udaipur. The complaint led to the registration of a First Information Report (FIR) under Sections 341, 323 read with 34 of the Indian Penal Code, as evidenced by FIR (Ex.P.3).
2.1. Subsequent to the registration of the FIR, an investigation ensued, during which Viram Singh was subjected to a medi
The prosecution must establish its case beyond reasonable doubt, especially regarding the complainant's public duty status, influencing both conviction and sentencing. Mitigating factors warrant reco....
The court affirmed the conviction while modifying the sentence based on mitigating factors, emphasizing the need for reformative justice in sentencing after extensive delay in proceedings.
The court affirmed the conviction but modified the sentence to time already served, emphasizing reformative justice based on the elapsed time and personal circumstances of the appellants.
The reformation of the appellant during the period of trial and incarceration was a key factor in modifying the quantum of sentences, aligning with the reformative theory of punishment.
The conviction under Section 324 IPC was affirmed, but the sentence was reduced to the time already served, acknowledging the appellant's age and absence of prior offenses.
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