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IN THE HIGH COURT OF TELANGANA
ANIL KUMAR JUKANTI
Choppari Sambaiah, S/o. Narsaiah – Appellant
Versus
State of A.P. rep. by its, Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. conviction under ipc section 354 established. (Para 1 , 8) |
| 2. challenges to conviction based on witness reliability. (Para 3 , 4) |
| 3. evidence presented supports prosecution's case. (Para 5 , 6) |
| 4. principles guiding sentencing and rehabilitation. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. sentence modified considering reformation over punishment. (Para 18 , 19 , 20 , 21) |
ORDER :
Anil Kumar Jukanti, J.
This Criminal Revision Case is filed against the conviction and sentence imposed by learned IV Additional Sessions Judge, Warangal, vide judgment, dated 16.10.2007, in Criminal Appeal No.20 of 2007 confirming the order of learned II Additional Assistant Sessions Judge, Warangal in S.C.No.137 of 2006, dated 21.07.2006, wherein the revision petitioner/ accused was convicted for the offence under Section 354 of INDIAN PENAL CODE , 1860 (for short ‘IPC’) and sentenced to undergo imprisonment for a period of five (05) years and to pay fine of Rs.1,000/-.
2. Heard Shri V.S.M.Pritham Kanumuri, learned Legal Aid Counsel for revision petitioner/accused and learned Additional Public Prosecutor appearing for respondent-State.
3. Learned counsel for revision petitioner submitted that
The judgement underscores the reformative approach to sentencing, emphasizing that punishment should balance deterrence with rehabilitation, and highlights the importance of corroborative evidence in....
The court emphasized that while deterrence in sentencing is crucial, mitigating factors like prolonged trials and compensation paid to victims should also influence sentencing outcomes.
When prosecutrix and her witnesses are silent on the factum of the incident occurring due to she being of caste, which falls within the purview of SC/ST Act, the conviction cannot be sustained.
The court ruled that sentencing must consider the offender's personal circumstances, emphasizing proportionality in punishment relative to the gravity of the offence.
The victim's right to appeal is restricted by statute, and a revision for sentence enhancement is permissible without prior appeal against acquittal; principles of proportionality in sentencing were ....
protection of society and stamping out criminal proclivity must be the object of law which can be achieved by imposing appropriate sentence on criminals and wrongdoers. Law, as a tool to maintain ord....
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