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Eeda Khan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. By way of this appeal, the appellant-Eeda Khan has challenged the Judgment and order 16.11.2007 passed by Special Judge (SC/ST Act), Etah in Session Trial No.406 of 2004 (State v. Eeda Khan) arising out of Case Crime No.116 of 2004 under Sections 452, 376, 506 Indian Penal Code (hereinafter referred to as, ‘IPC’) and under Section 3(1)(xii) of SC/SCT Act, Police Station-Aliganj, District-Etah whereby the accused-appellant was convicted and sentenced to undergo rigorous imprisonment for a period of four years under Sections 452, 506 IPC and 3(1)(xii) SC/ST Act and life imprisonment under Section 376 IPC. All the sentences were directed to run concurrently.
2. The brief facts as per written report dated 17.4.2004, submitted by complainant, father of the prosecutrix at Police Station Alignaj, District Etah are that today on 17.4.2004 at about 7.30 p.m. his daughter (prosecutrix) aged about two and half years was lying in the courtyard of his house and wife of his elder brother Anjali was cooking the food. His wife Reena had gone to the shop nearby his hou
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....
’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....
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’.
‘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....
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....
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....
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