Modifying Sentence for Delayed Trial: A Legal Analysis

Thereafter, vide an order dated 22.04.2013, the Appellant came to be convicted by the Chief Judicial Magistrate, Nuh, Haryana (the “ Trial Court ”) in relation to offences punishable under (i) Section 323 read with Section 34; and (ii) Section 325 read with Section 34 of the IPC. Vide an order dated 01.05.2023, the High Court partly allowed the Criminal Revision Petition i.e., upheld the conviction recorded by the Trial Court, however, on account of substantial delay i.e., extending to a period of almost 13 (thirteen) years in the underlying trial, modified the sentence imposed by Trial Court on the Appellant, as under: Offence(s) Period of Sentence Fine Imposed 323/34 IPC 03 Months – 325/34 IPC 03 Months INR 5000 (the “ Impugned Order ”). Taking into consideration the totality of circumstances, coupled with the fact that underlying incident occurred in 2010, the appeal is allowed in part and the Impugned Order is modified to the extent that the Appellants’ sentence is reduced to the period already undergone i.e., 1 (one) month; and 3 (three) days.

Also Read: https://newslaw.in/case-type/civil/enhancement-of-maintenance-amount-a-legal-analysis/

Case Title: ABDUL JABBAR Vs. THE STATE OF HARYANA (2024 INSC 99)

Case Number: Crl.A. No.-000748-000748 / 2024

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