Partly allowed

Kamran v. State of U.P.

Allahabad HC29 Nov 2019CRLA/7370/2019

Case brief

AI extract

What is this about?

Criminal Appeal filed challenging conviction and sentence under U.P. Gangster Act. Appellant did not press conviction but sought sentence reduction after serving over three years. Single Judge upheld conviction but reduced sentence from four years to three years six months, allowing credit for time spent in jail under Section 428 Cr.P.C.

What did the court decide?

Sentence reduced from four years to three years six months simple imprisonment; full credit for time spent in jail allowed.

Kamran Vs State of U.P. — Specific Performance | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 7370 of 2019

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Appellant :- Kamran Respondent :- State of U.P. Counsel for Appellant :- Manoj Kumar Chandel Counsel for Respondent :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for accused-appellant, learned AGA for State and perused the material available on record.

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With the consent of learned counsel for both the parties, appeal is being disposed of at the admission stage.

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Accused-appellant faced trail in Gangster Sessions Trial No. 20 of 2012, State vs. Kamran and others (Crime No. 2273 of 2008), under Sections 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Dakshin Tola, District Mau, ultimately trial came to be heard and decided by Special Judge (U.P. Gangster Act) / Additional Session Judge, Court No.5, Mau.

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Trial Court convicted the accused-appellant under Sections 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 and sentenced him for four year simple imprisonment, vide judgment and order dated 31.10.2019 and with a fine of Rs. 10,000/-.

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Feeling aggrieved and dissatisfied with the impugned order, accused-appellant filed the present Criminal Appeal.

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Learned counsel for accused-appellant did not press the appeal on merit and issue of conviction. He further submits that accused-appellant is a poor person though he was falsely implicated in the present case. He has been served out the sentence for three and half years. However, he is not pressing the appeal on issue of conviction but considering the entire facts and circumstances of case, he must be dealt sympathetically and he should be sentenced with already undergone and fine.

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Per contra, learned A.G.A. for State opposed.

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I have perused the impugned judgment and order of sentence carefully.

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In view of argument of both the learned counsel for parties and findings recorded by the Trial Court in the impugned judgment, issue of conviction stands foreclosed and I do not

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find any good ground to interfere conviction. Criminal Appeal is dismissed on the issue of conviction under Sections 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 recorded by the Trial Court.

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So far as the second argument of learned counsel for accused-appellant and sentence of accused-appellant is concerned, it is always a difficult task requiring balancing of various considerations. The question of awarding sentence is a matter of discretion to be exercised on consideration of circumstances aggravating and mitigating in the individual cases.

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It is settled legal position that appropriate sentence should be awarded after giving due consideration to the facts and circumstances of each case, nature of offence and the manner in which, it was executed or committed. It is obligation of court to constantly remind itself that right of victim, and be it said, on certain occasions person aggrieved as well as society at large can be victims, never be marginalized. The measure of punishment should be proportionate to gravity of offence. Object of sentencing should be to protect society and to deter the criminal in achieving avowed object of law. Further, it is expected that courts would operate the sentencing system so as to impose such sentence which reflects conscience of society and sentencing process has to be stern where it should be. The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against individual victim but also against society to which criminal and victim belong. Punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with the atrocity and brutality which the crime has been perpetrated, enormity of crime warranting public abhorrence and it should 'respond to the society's cry for justice against the criminal'. [Vide: Sumer Singh vs. Surajbhan Singh and others, (2014) 7 SCC 323, Sham Sunder vs. Puran, (1990) 4 SCC 731, M.P. v. Saleem, (2005) 5 SCC 554, Ravji v. State of Rajasthan, (1996) 2 SCC 175].

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Keeping in view the nature of allegation, applying the principles laid down in the aforesaid judgments and having regard to the totality of facts and circumstances of case, motive, nature of offence. I partly allow this appeal. I confirm appellant's conviction under Sections 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 by modifying impugned order of sentence for a period of three years and six months simple imprisonment and fine imposed by trial Court. He shall be entitled to set off under Section 428 Cr.P.C.

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Copy of order be sent to Trial Court concerned and Superintendent of Jail concerned for compliance and further necessary action through District Judge concerned.

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Order Date :- 29.11.2019 I.A.Siddiqui

Kamran v. State of U.P.

Case brief

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Kamran v. State of U.P.

Case brief

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