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Mohsin – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. By way of this appeal, the appellants have challenged the Judgment and order 20.4.2010 passed by court of Additional District and Sessions Judge/FTC, Court No. 2, Ghaziabad in Session Trial No. 393 of 2009 arising out of Case Crime No. 1310 of 2008 under Sections 354, 376 Indian Penal Code, Police Station-Sahibabad, District-Ghaziabad whereby the accused-appellants were convicted under Section 376 IPC and sentenced to imprisonment for life with fine of Rs. 25,000/- each and Section 354 of IPC convicted for two years rigorous imprisonment and fine of Rs. 3000/-.
2. The brief facts of this case are that complainant Munni Devi, mother of the prosecutrix, submitted a written report at Police Station Sahibabad, District Ghaziabad, Ex.Ka-2 stating that her daughter (prosecutrix) was going to Happy Public School, Rajendra Nagar for bringing her cousin sister on 23.8.2008 at about 1.30 p.m. On the way Arshad, Mohsin and Mansad resident of village Pasaunda met and they all started molesting her, Arshad tried to drag her to the Budha Park, she raised alarm and some of people
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....
’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'.
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, court should bear in mind principle of proportionality. Sentence should be based on fac....
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....
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