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KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Santosh Bind Alias Kallu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajay Tyagi, J.
1. These are two appeals against the same judgement by different accused persons. Hence, both the appeals are being decided together.
2. By way of these appeals the appellants Santosh Bind Alias Kallu and Vikash Keshri have challenged the judgement and order dated 20.07.2013 passed by learned Additional Sessions Judge, Court No.6, Allahabad in Session Trial No.213 of 2013 arising from Case Crime No.241 of 2012, under Sections 363/149, 366/149, 376(G)/149, 506 and 368 IPC, Police Station- GRP Allahabad, District- Allahabad, whereby accused/appellant in both appeals was convicted and sentenced under Section 363 r/w section 149 IPC for four years R.I. and fine of Rs.4,000/-, under Section 363 r/w Section 149 IPC for seven years and fine of Rs.7,000/-, under Section 506 IPC for one year R.I. and under Section 376 (2)(G) r/w Section 149 IPC for life imprisonment and fine of Rs.1 lac.
3. The brief facts of the prosecution case are that in the night 17/18.05.2012 when prosecutrix was travelling from Jabalpur (MP) to Mirzapur by train. At about 12:15 am, the tra
Criminal justice jurisprudence adopted in the country is not retributive but reformative and corrective. At the same time, undue harshness should also be avoided keeping in view the reformative appro....
’reformative theory of punishment’ is to be adopted and for that reason, it is necessary to impose punishment keeping in view the ’doctrine of proportionality’
reformative theory of punishment’ is to be adopted and for that reason, it is necessary to impose punishment keeping in view the ‘doctrine of proportionality’.
Sentence should not be either excessively harsh or ridiculously low. While determining the quantum of sentence, the court should bear in mind the ’principle of proportionality’. Sentence should be ba....
‘reformative theory of punishment’ is to be adopted and for that reason, it is necessary to impose punishment keeping in view the ‘doctrine of proportionality’.
Sentence should not be either excessively harsh or ridiculously low. While determining the quantum of sentence, court should bear in mind principle of proportionality. Sentence should be based on fac....
Point of Law : 'reformative theory of punishment' is to be adopted and for that reason, it is necessary to impose punishment keeping in view the 'doctrine of proportionality'. It appears from perusal....
Sentence should not be either excessively harsh or ridiculously low. While determining the quantum of sentence, the court should bear in mind the principle of proportionality. Sentence should be base....
Sentence should not be either excessively harsh or ridiculously low. While determining quantum of sentence, court should bear in mind the 'principle of proportionality'. Sentence should be based on f....
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