ARUN DEV CHOUDHURY
Mona Barman S/O Lt. Sutku Barman – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. M. Biswas, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor (APP), Assam for the State.
2. The present 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 dated 10.05.2011 passed by the learned Sessions Judge, Dhubri in Criminal Appeal being C.A.No. 10(1)/2010, whereby the learned Sessions Judge, Dhubri though upheld the judgment and order dated 26.02.2010 passed by the learned Sub-Divisional Judicial Magistrate (M), Bilasipara in G.R. (BBR.) Case No. 155/2002 by reducing the sentence imposed upon the petitioner No. 3, i.e., Jiten Barman from the Rigorous Imprisonment (RI) of 2 (two) years to imprisonment of 3 (three) months.
3. The facts of the case is that one Panchami Barman lodged an Ejahar at Bogoribari Police Station on 01.11.2002 alleging that on the said date at about 02:30 pm, the petitioners together entered into the land of the informant and while the informant, her husband and younger sister obstructed them, the petitioners assaulted over the chest and back side of the informant and
Sita Ram Paswan Vs. State of Bihar reported in AIR 2005 SC 3534
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 importance of considering the rehabilitative purpose of sentencing under the Probation of Offenders Act, 1958, especially for first-time offenders.
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 probation for first-time offenders, prioritizing 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 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 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 discretion in sentencing, allowing probation for first-time offenders in non-heinous cases.
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 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.
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