In this criminal revision, the High Court, without joining issues on merits, substituted the mandatory jail sentence with a fine of Rs. 2,000 for the benefit of a first-offender teenager serving a 13-year-old sentence.
Jail term remitted with order to pay fine of Rs. 2,000 within two months; otherwise, original sentence to serve.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE THE CHIEF JUSTICE MR.V.K.BALI
WEDNESDAY, THE 15TH NOVEMBER 2006 / 24TH KARTHIKA 1928
Crl.Rev.Pet.No.851 of 1998
CRL.A.321/1995 OF THE COURT OF THE SESSIONS JUDGE OF THRISSUR.
C.C.NO.245 OF 1993 OF THE COURT OF JUDICIAL MAGISTRATE OF THE FIRST CLASS, IRINJALAKUDA.
REVISION PETITIONER/APPELLANT/ACCUSED:-
SANTHOSH, S/O.THAISUVALAPPIL SASANKAN, PORATHUSSERI, IRINJALAKUDA.
BY ADV. SRI.P.VIJAYA BHANU
RESPONDENT/RESPONDENT/COMPLAINANT:-------------------------------------------------STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.K.Bali,C.J.
Crl.R.P.No.851 of 1998
Dated, this the 15th day of November, 2006
ORDER
V.K.Bali,C.J. (Oral)
Petitioner has been held guilty under Section 379 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six months, vide order dated 24th October, 1995 passed by the Judicial Magistrate of the First Class, Irinjalakuda. Appeal carried against this order was dismissed by the learned Sessions Judge, Thrissur vide order dated 14th October, 1998. It is against these two orders that the present revision has been filed.
Crl.R.P.No.851 of 1998 - 2 -
and, therefore, the petitioner may not be sent to serve a jail term at this stage.
The Criminal Revision Petition is disposed of as indicated above.
V.K.Bali Chief Justice
vku/-
1 issue framed by the court
Whether the jail sentence imposed for theft deserves to be substituted with a fine in the interest of justice.
Santhosh
State of Kerala
V.K.Bali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
