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1977 Supreme(SC) 224

Mohd. Giasuddin – Appellant
Versus
State of A. P. – Respondent


Advocates Appeared:
Mr. G. Venkatrama Sastry, Sr. Advocate, (Mr. G. Narasimhulu, Advocate with him),
for Appellant; Mr. P. Parameswara Rao, Sr. Advocate, (Mr. G. Narayana Rao, Advocate with him), for Respondent.

Judgement

KRISHNA IYER, J.:- Some basic issues bearing on prescription of punishments arise for judicial investigation in this criminal appeal where leave has been limited to tailoring the sentence by appellate review to fit the gravity of the delinquency and the redemption of the deviant.

2. The facts leading up to the conviction may need brief narration. The appellant along with another accused, deceived several desperate unemployed young men, received various sums of Rs. 1200/- by false pretences that they would secure jobs for them through politically influential friends and other make-believe representations. The offence of cheating under S. 420, I. P. C. was made out and conviction of both the accused followed. The 1st accused (appellant before us) is a young man around 28 years old and works as a Junior Assistant in the Planning and Financial Department of the Andhra Pradesh Secretariat and the other accused is his friend who personated as a State Port Officer. Before the trial court, there was a formal, almost pharisaic, fulfilment of the presentencing provision in Section 248 (2). Cr. P. C., 1973. The opportunity contemplated in the sub-section has a penological significanc




















































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