After 30 Yrs Since Appeal, Rajasthan High Court Reduces Sentence In Kidnapping Case To 5 Days Citing Delay In Proceedings

The Rajasthan High Court has reduced the sentence in a Kidnapping case of 1992, citing 30 years delay in deciding the convict's appeal.

A bench of Justice Manoj Kumar Garg said the appellant-convict had "suffered mental agony and trauma of protracted trial" and thus reduced the sentence of 2 years rigorous imprisonment to the period already undergone, i.e. 5 days.

A case was registered against the appellant in 1992 for offences under Sections 363 and 366-A of IPC, in relation to the missing report of a minor girl. The trial concluded in conviction of the appellant in 1994 with a sentence of 2 years of rigorous imprisonment and fine of Rs. 100. An appeal was filed against the order of the trial court for reduction in the sentence.

The public prosecutor opposed this argument on the ground of there being neither any occasion for such reduction nor any ground for compassion or sympathy in the case.

The Court observed that the appellant had already undergone 5 days of incarceration and since the occurrence dated back to 1992, she had suffered mental agony and trauma of protracted trial. Based on these facts, the Court ruled the following:

“Looking to the over-all circumstances and the fact that the appellant has remained behind the bars for a considerable time, it will be just and proper if the sentence awarded by the trial court for offence under Section 366 IPC is reduced to the period already undergone by the appellant.”

Hence, the appeal was partly allowed whereby the sentence of 2 years was reduced to 5 days i.e. the period already undergone by the appellant. The fine amount was waived and the bail bonds were also discharged.

Title: Kamla v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 104

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