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1980 Supreme(SC) 43

R.S.PATHAK, V.R.KRISHNA IYER
Ashok Kumar – Appellant
Versus
State (Delhi Administration) – Respondent


Advocates:
M.N.SHROFF, N.S.DAS BEHL

JUDGMENT

KRISHNA IYER, J.:— The common appellant in both these appeals is a teenaged student turned criminal adventurer in the elitist area of car-lifting and scooter-poaching current in our fashionable cities, including Delhi. While he was a college student and but 19 years old, the appellant tried his hand at stealing a scooter way back in 1971. He was arrested but bailed out and while on bail was accused of committing a car theft. Both these cases were tried and he was found guilty. The scooter offence resulted in a sentence of two years imprisonment and a fine of Rs. 2,000. The car theft case got converted into an offence under Section 411 I.P.C. and, consequently, a reduced sentence of imprisonment for six months and a fine of Rs. 500.

2. The convictions being concurrent and no substantial infirmity being present, we have confined leave to appeal to the question of sentence only. But sentencing- the cutting edge of the judicial process- is the crucial strategy of the criminal law in achieving social defence and delinquent rehabilitation. So we have to consider the totality of factors bearing on the offence and the offender and fix a punishment which will promote effectively the









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