ARUN DEV CHOUDHURY
Abu Bakkar, S/o Lt. Mirjan Ali – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
1. Heard Mr. S.C.Biswas, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor (APP), Assam for the State.
2. The present criminal revision petition under Sections 397/401 read with Section 483 of the Code of Criminal Procedure, 1973 is filed challenging the legality, propriety and correctness of the judgment and order dated 13.06.2011 passed by the learned Judicial Magistrate, First Class, (JMFC, in short) Karimganj in connection with G.R. Case No. 962/2003 arising out of Badarpur P.S. Case No. 188/2003 convicting the petitioner Nos. 1 & 2 and sentencing them to pay fine of Rs. 200/- each and in default of payment of fine, to undergo Simple Imprisonment (SI) for 15 (fifteen) days for the commission of offences under Sections 447/149 IPC and to pay another amount of fine of Rs. 300/- for the commission of offence under Section 143 IPC and in default of payment of said fine, to undergo SI for 30 days and to pay fine of Rs. 500/- and in default of payment of fine, to undergo SI for 60 (sixty) days for the commission of offences under Sections 427/149 IPC. Further, the challenge is against the judgment and order d
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 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 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....
The court emphasized that sentencing should consider individual circumstances and not be mechanical, allowing probation 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 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 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 importance of considering the offender's background and the nature of the offence when exercising discretion in sentencing under the Probation of Offenders Act.
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.
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