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HARPREET SINGH BRAR
Sukhpal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present appeal has been preferred against the judgment of conviction dated 25.01.2014 and order of sentence dated 27.01.2014 passed by learned Additional Sessions Judge, Palwal in case bearing FIR No. 36 dated 23.04.2006, under Sections 364A, 506, 120B, 34 IPC registered at Police Station Hassanpur whereby the appellants/accused have been convicted for the commission of offences punishable under Sections 120B and 365 IPC and have been awarded following sentence:
| Section 365 IPC | Rigorous imprisonment for a period of five years along with fine of Rs. 2,000/-. In default of payment of fine, convict shall undergo further rigorous imprisonment for three months. |
| Section 120B IPC | Rigorous imprisonment for a period of five years along with fine of Rs. 2,000/-. In default of payment of fine, convict shall undergo further rigorous imprisonment for three months. |
FACTUAL BACKGROUND
2. Brief facts of the prosecution case are that on 22.04.2006 at about 11.45 PM, Vijender Singh, SI/SHO Police Station, Hassanpur along with Cons
The main legal point established in the judgment is the importance of proportionality in sentencing and the duty of the court to consider extenuating circumstances before reducing the sentence below ....
The court found that considerations of time served and rehabilitation justified the modification of the sentence in favor of the appellants.
The principle of proportionality in determining the quantum of sentence and the emphasis on reformation of the accused as a means of social defense.
The main legal point established is the consideration of reformation and the principle of proportionality in sentencing.
Judicial discretion in sentencing allows for reduction based on time served when no minimum penalty exists, balancing justice and reformation.
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