In criminal appeals against minimum sentence, this court examined the plea for leniency based on the accused being a breadwinner. Rejecting it due to conscious possession of heavy charas, the court affirmed a 10-year rigorous imprisonment and ₹1 lakh fine.
Ten years rigorous imprisonment and fine of one lakh rupees affirmed; leniency plea rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cr. Appeals No. 385 & 457 of 2010
Cr. Appeal No. 385 of 2010
12.5.2016 Present: Mr. M.A. Khan, Additional Advocate General for the appellant-State.
Mr. Naveen K. Bhardwaj, Advocate, legal aid counsel, for the respondent.
Cr. Appeal No. 457 of 2010
Mr. Naveen K. Bhardwaj, Advocate, legal aid counsel, for the appellant.
Mr. M.A. Khan, Additional Advocate General, for the respondent-State.
Accused is produced in the custody of HHC
Jagdish No. 280 under the supervision of ASI Ashok
Kumar, I.O., Police Station, Tissa, District Chamba, H.P.
Heard on the quantum of sentence.
Mr. Naveen K. Bhardwaj, Advocate prays that
the lenient view be taken since the accused has six children and he is the only bread earner in his family. However, taking into consideration that the accused has been convicted for being in conscious and exclusive possession of 3 kgs of charas, no leniency can be shown.
Accordingly, the accused/convict is sentenced to undergo the rigorous imprisonment for 10 years and to pay fine of ` 1,00,000/- and in default of payment of fine, to further undergo simple imprisonment for six months. The period of detention, if any, undergone by the convict during the investigation, inquiry or trial of the case and before the date of conviction, is ordered to be set off against the period of imprisonment imposed upon him.
The copy of this order/judgment be supplied to the convicts forthwith free of costs. The Registry is directed
to prepare the warrant of committal.
(Rajiv Sharma), Judge
(Vivek Singh Thakur) Judge May 12, 2016 (Kalpana)
1 issue framed by the court
Whether leniency should be shown to the accused sentenced for possession of charas given that he is a breadwinner with six children.
State
Accused
Rajiv Sharma
Vivek Singh Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
