Shiva v. State
Case brief
What is this about?
In an appeal under Section 374 CrPC, the Delhi High Court modified the appellant's sentence to the period already undergone, considering his lack of family, inability to furnish bail, and good conduct, while directing him to pay the imposed fine.
What did the court decide?
Sentence reduced to the period already undergone; directing payment of fine within four weeks.
What the court decided
$~14
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.A. 450/2017 & CRL.M.(BAIL) 519/2022, CRL.M.A. 33120/2024
SHIVA .....Appellant Through: Mr. Hemant Singh, Advocate.
versus
STATE .....Respondent Through: Mr. Amit Ahlawat, APP. SI Sanchit, PS: Adarsh Nagar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R % 15.05.2025
- The present appeal under Section 374 read with Section 482 of the Code of Criminal Procedure, 19731 is directed against judgment of conviction dated 07th December, 2016 and the order on sentence dated 14th December, 2016 passed by the Additional Sessions Judge, North District, Rohini Court, New Delhi, in S.C. No. 57959/16 arising out of FIR No. 142/2013, for offences under Section 376 of the Indian Penal Code, 18602 and Section 4 of the Protection of Children from Sexual Offences Act, 20123 , registered at P.S. Adarsh Nagar, whereby the Appellant has been directed to undergo rigorous imprisonment for a period of 15 years and a fine of INR 5,000/-. In default of payment of fine, the Appellant was directed to undergo simple imprisonment for a further period of 30 days.
Issues for consideration
2 issues framed by the court
Whether the sentence of rigorous imprisonment should be reduced to the period already undergone given the appellant's inability to furnish bail and satisfactory jail conduct.
Whether the appellant, despite a pending suspension order, should have the remaining sentence remitted.
Parties & counsel
- appellant
Shiva
- respondent
State
Coram
Sanjeev Narula
Case details
As recorded by the court registry
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