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HARPREET SINGH BRAR
Manoj – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. prosecution's case established and convictions upheld. (Para 2 , 3 , 4 , 5 , 6) |
| 2. argument focused on modified sentencing due to time already served. (Para 8 , 9 , 10) |
| 3. confessions and evidence supported the prosecution's claims. (Para 11 , 12) |
| 4. judicial discretion in sentencing, necessity of reasons for modification. (Para 14 , 15 , 16) |
| 5. final verdict modified sentence to time served. (Para 22 , 24) |
Judgment
Mr. Harpreet Singh Brar, J.
By this order, three appeals, details of which have been given in the head note, are being disposed of, as they have been preferred against a common judgment of conviction and order of sentence dated 04.07.2017 passed by the learned Additional Sessions Judge, Sonipat whereby the appellants herein have been held guilty for commission of offence under Sections 328 , 392 read with Section 34 IPC in FIR No.288 dated 25.05.2015 registered under Sections 323 , 328, 392 IPC at Police Station City, Sonipat and sentenced to undergo following sentence:-
| (i) | Dharmender | Section 328 read with Section 34 IPC | Imprisonment for a period of five years along with fine of Rs. 5,000/- |
| (ii) | Dheeraj @ Dheere | In default of paymen | |
The court found that considerations of time served and rehabilitation justified the modification of the sentence in favor of the appellants.
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 main legal point established is the consideration of reformation and the principle of proportionality in sentencing.
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 court modified the sentence from one year to the period already undergone, emphasizing the importance of proportionality and individual circumstances in sentencing.
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