Alipore

driver of the said taxi involved in the offence undergone seven years and six months in jail, reduced from 10 years to served setence = even if the prosecution case is accepted that the appellant had facilitated in the commission of crime, considering the fact that he did not enter the jewellery shop and was not armed with any weapon, the maximum sentence of 10 years is excessive. On going through all the aspects, particularly, the entire evidence of the owner of the taxi PW-12, we inclined to accept the claim of Mr. Ghosh. – It is relevant to point out that PW-12, nowhere in his statement has described about any illegal activity on the part of the appellant who was his taxi driver. Inasmuch as no adverse statement has been made by him and also of the fact that till date, he had already undergone seven years and six months in jail, while confirming his conviction, we feel that ends of justice would be met by altering his sentence to the period already undergone. 11) In view of our conclusion on the sentence, we direct that the appellant be released forthwith, if he is not required in any other case. The appeal is disposed of on the above terms.

published in      http://judis.nic.in/supremecourt/imgst.aspx?filename=40568 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION 1 CRIMINAL APPEAL NO. 1109 OF 2009   Rajendra Sharma …. Appellant(s) Versus State of West Bengal …. Respondent(s) 2     J U D G M E N T   P.Sathasivam,J. 1) This appeal is filed against the final … Continue reading →