Dinesh Kumar Vs. State (Delhi Administration) - Court Judgment

SooperKanoon Citationsooperkanoon.com/647190
CourtSupreme Court of India
Decided OnNov-04-1986
Judge A.P. Sen and; S. Natarajan, JJ.
Reported in1987Supp(1)SCC14
AppellantDinesh Kumar
RespondentState (Delhi Administration)
Excerpt:
- order  1. notice in the special leave petition was confined to the question of sentence. no one appeared for the state though called. special leave granted. arguments heard.  2. looking to the facts and circumstances of the case, particularly having regard to the fact that this is a first offence and a period of nearly four years has elapsed, we think it would subserve the ends of justice if the substantive sentence is reduced from rigorous imprisonment for one year to rigorous imprisonment for a term of three months but with an enhanced fine. we accordingly enhance the fine from rs 5000 to rs 7500. the amount of fine shall be deposited within two weeks from today, failing which the appellant shall undergo rigorous imprisonment for a further period of six months.  3. subject to this modification, the appeal is dismissed.
Judgment:

Order

 1. Notice in the special leave petition was confined to the question of sentence. No one appeared for the State though called. Special leave granted. Arguments heard.

 2. Looking to the facts and circumstances of the case, particularly having regard to the fact that this is a first offence and a period of nearly four years has elapsed, we think it would subserve the ends of justice if the substantive sentence is reduced from rigorous imprisonment for one year to rigorous imprisonment for a term of three months but with an enhanced fine. We accordingly enhance the fine from Rs 5000 to Rs 7500. The amount of fine shall be deposited within two weeks from today, failing which the appellant shall undergo rigorous imprisonment for a further period of six months.

 3. Subject to this modification, the appeal is dismissed.