ARUN DEV CHOUDHURY
Md. Badrut Zaman S/o Lt. Babar Ali – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. A. Dasgupta, learned Senior Counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
2. The petitioner herein is an employee of NF Railways and has preferred the present criminal revision petition under Section 401 read with Section 482 of Cr.P.C. assailing a judgment dated 01.11.2011 passed by the learned Judicial Magistrate 1st Class, Rangia in CR case No. 112/2008, whereby the petitioner was convicted under Section 498(A) of IPC and he was sentenced to undergo Simple Imprisonment for one year and pay a fine of Rs. 5000/- and in default to undergo Simple Imprisonment for 3 months. The further challenge is the appellate judgement dated 19.06.2013 passed by the learned Additional Sessions Judge (FTC), Kamrup, Rangia in Criminal Appeal No. 76/2011 preferred by the present petitioner, whereby the judgment passed by the learned trial court was upheld.
3. The petitioner has filed the connected I.A being I.A. (Crl.) 1203/2024, with a prayer that the petitioner be granted benefit under Section 360/361 of the Cr.P.C. and Sections 4 and 12 of the Probation of the Offenders Act, 1958. Certain facts are broug
Ved Prakash Vs. State of Haryana reported in 1981 1 SCC 447
Sita Ram Paswan Vs. State of Bihar reported in AIR 2005 SC 3534
The court established that discretion in sentencing should prioritize rehabilitation over punishment, especially for first-time offenders.
The court emphasized rehabilitation over punishment, granting probation to a first-time offender under the Probation of Offenders Act, 1958.
The court emphasized the importance of discretion in sentencing, particularly under the Probation of Offenders Act, considering the offender's background and the nature of the crime.
The court emphasized the importance of considering probation for first-time offenders, prioritizing rehabilitation over punishment.
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The court emphasized the necessity of considering the Probation of Offenders Act, 1958 in sentencing, highlighting that sentencing should focus on reform rather than punishment.
The court emphasized the rehabilitative purpose of the Probation of Offenders Act, asserting that first-time offenders should be considered for probation to promote reform rather than punishment.
The court emphasized the necessity of considering the Probation of Offenders Act, 1958 in sentencing, especially for first-time offenders, to promote rehabilitation over punishment.
The court emphasized that sentencing should consider individual circumstances and not be mechanical, allowing probation for first-time offenders.
The court emphasized the importance of considering the Probation of Offenders Act, 1958 during sentencing, highlighting the need for discretion based on the nature of the offence and the offender's b....
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