Allahabad HC Releases Appellant Convicted for Causing Harm to Victim’s Property By fire or Explosive Substance

Must Read

US Court Orders Iran To Pay $1.4 BN in Damages To Missing Former FBI Agent’s Family

The United States District Court for the District of Columbia ordered Iran to pay in total $1.45 bn to...

Onus on Petitioner To Show Unassailable Facts: Delhi High Court

In the case of Rhythm Jain v National Testing Agency, the Delhi High Court mentioned that in such petitions the...

Under-Trial/Convicted Persons Do Not Have Absolute Right To Parole in Light of Coronavirus : Bombay High Court

An important judgment was given by the Division Bench of the Nagpur bench of Bombay High Court concerning the...

Madhya Pradesh High Court Asks State To File Reply To Examine Whether Privacy Rights of an Individual Can Be Violated by Issuing an Executive...

A Writ Petition was instituted by an individual for violation of his fundamental rights by the State before the...

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Follow us

On the order dated 26th August 2020, Rameshwar was convicted for causing harm to the victim’s property by fire or explosive substance. He had applied an appeal at the High Court of Allahabad. Following the same, he was released and was directed to pay a sum of ₹2,000 to the victim and his family as a means of compensation.

Facts of the Case

Rameshwar (appellant), along with three others were initially the appellants of this present case. However, the other three, namely, Jhanjhan, Siya Charan, and Chandra Pal, had died during the pendency of the appeal. According to the order dated, 30th November 1989, Rameshwar was booked under the Section 436 (Mischief by fire or explosive substance with intent to destroy house, property, and etcetera) of IPC and was sentenced for one year of rigorous imprisonment by the Additional District and Sessions Judge – I.B. Singh at the Session Court of Moradabad. Following the same, he had spent about 15 days in prison and had applied an appeal in the High Court of Judicature at Allahabad under Section 374 (Appeals from Conviction) of CrPC.

Submissions filed by the Appellant

Learned counsel for the appellant had not challenged the trial’s court’s findings but had said that the punishment is reduced to the period already undergone as the incident had happened about 32 years ago. Also, if he is sent to jail in this stage, there’ll be no use of the punishment. Furthermore, he had mentioned that Rameshwar is ready to pay a reasonable sum of compensation to the injured and his family.

Submissions filed by the State

Learned Additional Government Advocate (AGA) had opposed the same because the given judgment was justly passed based on evidence and facts collected by the trial court. Nevertheless, he’d also expressed that if the sentence id reduced to the period undergone by Rameshwar then the victim must be given compensation as mentioned under Section 357 (Order to pay compensation) of CrPC.

Judgment

Given the above submissions, the bench of learned Judge Saurabh Shyam Shamshery had partly allowed the appeal and stated that the crime took place 32 years ago and Rameshwar had already undergone 15 days of the punishment, the court had reduced his period of imprisonment by the time already undergone.

Keeping the welfare of the victim in mind, the court had directed to pay a reasonable amount of compensation, i.e., Rs. 2000/- to the victim and his family or deposit before the court is concerned within four weeks from the date of this present order, as per the section aforementioned. If not, he shall serve the remaining period of the punishment as sentenced by the Session Court.

The judgement dated 30th November 1989 shall be modified to the extent that period of imprisonment is confined to the period already undergone, provided that Rameshwar shall pay Rs. 2000/- to the injured or his family.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

US Court Orders Iran To Pay $1.4 BN in Damages To Missing Former FBI Agent’s Family

The United States District Court for the District of Columbia ordered Iran to pay in total $1.45 bn to the Levinson family in punitive...

Onus on Petitioner To Show Unassailable Facts: Delhi High Court

In the case of Rhythm Jain v National Testing Agency, the Delhi High Court mentioned that in such petitions the onus to prove the facts...

Under-Trial/Convicted Persons Do Not Have Absolute Right To Parole in Light of Coronavirus : Bombay High Court

An important judgment was given by the Division Bench of the Nagpur bench of Bombay High Court concerning the constitutionality of Rule 19 of...

Madhya Pradesh High Court Asks State To File Reply To Examine Whether Privacy Rights of an Individual Can Be Violated by Issuing an Executive...

A Writ Petition was instituted by an individual for violation of his fundamental rights by the State before the Madhya Pradesh High Court. The...

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by the Exporters Association before the...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

More Articles Like This

- Advertisement -