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Rajiv @ Paji – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. By way of this appeal, the appellant-Rajiv @ Paji has challenged the Judgment and order dated 6.5.2013 passed by court of Additional Sessions Judge, Court No.4, Saharanpur in Session Trial No.78 of 2013 arising out of Case Crime No.341 of 2012, under Section 376 Indian Penal Code, Police Station-Rampur Maniharan, District Saharanpur whereby the accused-appellant was convicted under Section 376 IPC and sentenced to imprisonment for life with fine of Rs.20,000/-and in case of default of payment of fine, to undergo further imprisonment for six months.
2. The brief facts as per prosecution case are that on 14.10.2012, a written report was submitted by Naseem stating therein that today in the morning his seven years old daughter (victim) was playing with neighbour Ramesh's children. At about 1:00 p.m. Rajiv @ Paji, son of Ramesh, took her daughter to his house and tried to commit rape with her. A case crime No.341 of 2012 was registered at Police Station Rampur Maniharan under Section 376 IPC read with Section 511 IPC.
3. S.I.-Dheeraj Singh tookup the inve
’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....
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’.
Point of law: Just because the accused was knowing the prosecutrix belonging to the vulnerable caste cannot itself take the matter in that ambit and it is relevant to mention that when offence of rap....
‘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....
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'.
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....
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....
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