Supreme Court Reduces Sentence in 2010 Assault Case Due to Prolonged Trial

The Supreme Court recently delivered a judgment in Abdul Jabbar vs. The State of Haryana & Ors. regarding a criminal appeal that arose from the prolonged legal battle involving offenses under Sections 323 and 325 of the Indian Penal Code (IPC). The case, originating in 2010, witnessed an extensive legal journey, culminating in a significant ruling by the Supreme Court, wherein the appellant’s sentence was reduced considering the substantial delay in trial.

Background of the Case

The case began in 2010 when the appellant, Abdul Jabbar, along with three others, was accused of committing offenses punishable under Sections 323, 325, and 452 of the IPC. After due trial, the Chief Judicial Magistrate, Nuh, Haryana, found the appellant guilty under Sections 323/34 and 325/34 IPC and sentenced him to:

• Three months’ imprisonment for Section 323/34 IPC.
• One year imprisonment and a fine of INR 500 for Section 325/34 IPC.

Legal Proceedings and High Court’s Decision

Unsuccessful in his appeal before the Additional Sessions Judge, Nuh, the appellant approached the Punjab & Haryana High Court. The High Court upheld his conviction but modified the sentence due to the extensive delay of 13 years in trial proceedings. The revised sentence was:

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• Three months’ imprisonment for Section 323/34 IPC.
• Three months’ imprisonment and a fine of INR 5000 for Section 325/34 IPC.

Supreme Court’s Considerations

The appellant’s counsel argued before the Supreme Court that his client had already served a significant portion of his sentence—around one month and three days—and endured a prolonged trial spanning over 13 years. The key contention was that the extended legal process had caused significant distress to the appellant, warranting a reconsideration of his sentence.

Final Judgment

The Supreme Court took into account the extraordinary delay and agreed that the appellant had suffered the consequences of a prolonged trial. In light of these considerations, the Court ruled:

• The appellant’s sentence was reduced to the period already undergone—one month and three days.
• Pending applications, including one seeking a declaration of the appellant as a juvenile at the time of the offense, were disposed of.

The ruling reflects the Supreme Court’s acknowledgment of the undue hardship caused by judicial delays and its willingness to consider time already served in such cases.

Petitioner Name: Abdul Jabbar.
Respondent Name: The State of Haryana & Ors..
Judgment By: Justice Vikram Nath, Justice Satish Chandra Sharma.
Place Of Incident: Nuh, Haryana.
Judgment Date: 05-02-2024.

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