ARUN DEV CHOUDHURY
Dipta Deb W/o Late Amar Deb – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. N. Mahajan, learned counsel for the petitioner and Mr. K.K. Das, learned Additional Public prosecutor, Assam for the sole respondent.
2. The present criminal revision petition under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 is filed challenging the legality, propriety and correctness of the judgment and order dated 03.12.2010 passed by the learned Chief Judicial Magistrate Kamrup in connection with Case No. 4555/2008 convicting the petitioner and sentencing her to undergo Imprisonment for 3 (three) months and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo Simple Imprisonment for another 2 (two) months. Further, the challenge is against the judgment and order dated 05.05.2011 passed by the learned Sessions Judge, Kamrup in Criminal Appeal No. 1/2011 upholding the impugned judgment and order dated 03.12.2010, as noted above.
3. The prosecution story in nutshell is that on 09.04.2007, a team of officers of Food and Civil Supplies, Kamrup and a team of Officers of Indian Oil Corporation Ltd. made a raid at the hotels/restaurants of Bhangagarh area and at about 03:00 pm, they entered i
The court emphasized the importance of discretion in sentencing, allowing probation for first-time offenders under the Probation of Offenders Act, 1958.
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 ruled that proper consideration under the Probation of Offenders Act is essential, especially for first-time offenders in non-heinous cases.
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 importance of discretion in sentencing, allowing probation for first-time offenders in non-heinous cases.
The court emphasized the importance of considering probation for first-time offenders, prioritizing 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 rehabilitative purpose of sentencing under the Probation of Offenders Act, 1958, especially for first-time offenders.
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 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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