Babu v. State Rep.by
Case brief
What is this about?
In a revision under Cr.P.C., the High Court confirmed the conviction under the Tamil Nadu Prohibition Act but reduced the sentence to the period of incarceration already undergone by the petitioner, releasing him from custody.
What did the court decide?
Conviction confirmed; sentence reduced to period of incarceration already undergone; petitioner to be released if not required in other cases.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 21.09.2020
Pronounced on : 05.10.2020
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
Crl.R.C.No.704 of 2020 and Crl.M.P.No.5052 of 2020
Babu S/o.Balaraman .. Petitioner / Petitioner / Appellant /Accused Vs. State, rep by The Inspector of Police PEW Periyapalayam Police Station Thiruvallur District. (Crime No.771 of 2015) .. Respondent /Respondent / Respondent /Complainant
Criminal Revision filed under Section 397 r/w.401 of Cr.P.C., praying to call for the entire records with related to the order passed in Criminal Appeal No.56 of 2019 dated 31.01.2020 on the file of the First Additional District and Sessions Judge, Thiruvallur District, which modified the order dated 02.03.2019, passed in S.C.No.109 of 2017 by the Assistant Sessions Court, Thiruvallur and set aside the same and acquit the petitioner.
For Petitioner :Mr.R.Sasikumar
for Mr.V.R.Appaswamee
For Respondent :Mrs.P.Kritika Kamal Government Advocate (Crl Side) ORDER
Issues for consideration
2 issues framed by the court
Whether the High Court can interfere when the Courts below have concurrent findings of fact under TNP Act.
Whether the sentence imposed by the Courts below may be reduced given the petitioner's custody since 25.02.2020.
Parties & counsel
- petitioner
Babu S/o.Balaraman
- respondent
State
Coram
P.N.PRAKASH
Case details
As recorded by the court registry
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