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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHUTOSH KUMAR
Sumer Singh, S/o. Sayar Singh – Appellant
Versus
State of Rajasthan, through Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. historical case background and litigation delay. (Para 1 , 6) |
| 2. arguments concerning sentencing mitigation and duration. (Para 2 , 3 , 4) |
| 3. judicial standards for sentence reduction based on delay. (Para 5 , 7 , 8) |
| 4. final order upholding conviction and mitigating sentence. (Para 9 , 10 , 11 , 12 , 13) |
JUDGMENT :
ASHUTOSH KUMAR, J.
1. The instant criminal revision petition has been filed by the petitioner challenging the judgment dated 26.03.2008 passed by learned Additional Sessions Judge (Fast Track) No.7, Jaipur City, Jaipur (hereinafter referred to as learned 'Appellate Court') in Criminal Appeal No.46/2006 (334/2006), whereby learned Appellate Court dismissed the appeal filed on behalf of the petitioner and the order dated 23.08.2006 passed by learned Additional Civil Judge (Jr. Division) and Judicial Magistrate No.16, Jaipur City, Jaipur (hereinafter referred to as learned 'trial Court') in Criminal Case No.402/2001 was upheld, whereby, learned trial Court convicted and sentenced the revisionist-petitioner as under:-
| Offences punishable under Sections | Sentence | Fine (in Rs.) | Sentence in default of fine |
| 279 IPC | 1 Month S.I. | 500/- | - |
| 304-A IPC | 1 Year's S.I. | 500/- | 15 days S.I. |
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 based on the accused's age, hardship, and the duration of the trial, while maintaining the conviction.
The court modified the sentence for the accused to the period already undergone, considering the lengthy trial and the age of the accused, emphasizing justice over punishment.
The court applied the principles of deterrence and correction in sentencing the petitioner, considering the gravity of the crime, motive for the crime, nature of the offence, and all other attendant ....
The court upheld the conviction but modified the sentence to the time already served, considering the petitioner's circumstances and the lengthy trial duration.
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