GAUHATI HIGH COURT ISSUES ORDER ON MD. JAFAR ALI V/S THE STATE OF ASSAM

GUWAHATI, India, June 24 -- Gauhati High Court issued the following order on May 26:

1. Heard Ms. R. Choudhury, learned Amicus Curiae appearing for the petitioner. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam.

2. This is an application under Section 397 of the Criminal Procedure Code (CrPC) challenging the judgment dated 24.01.2012 passed by the learned Sub-Divisional Judicial Magistrate(S), Goalpara in G.R. Case No.23/2010 affirmed by learned the judgment dated 29.06.2012 passed by the learned Sessions Judge, Goalpara in C.A. No.26/2012.

3. In the year 2009, the present petitioner married the Respondent No.2. At the instigation of other family members, the present petitioner mentally and physically harassed his wife. Ultimately, she was driven out of her matrimonial house. She filed a complaint petition in the court of the Chief Judicial Magistrate, Goalpara. The same was forwarded to police. Accordingly, police registered a case and after investigation, filed a charge sheet against the present petitioner under Section 498-A of the Indian Penal Code.

4. The trial court framed the charge under Section 498-A of the Indian Penal Code.

5. During the trial, the prosecution side examined 5 witnesses. The petitioner did not examine any defence witness. On the basis of the evidence on record, the trial court found the petitioner to be guilty and convicted him under Section 498-A of the Indian Penal Code. He was sentenced to undergo simple imprisonment for a term of 1(one) year and was also directed to a fine of Rs.500/-.

6. I have considered the submissions made by the learned counsel of both sides.

7. Being a revisional court, this Court has decided not to enter into the prosecution evidence. This Court is of the opinion that the trial court never considered the case of the petitioner under Section 360 of the Code of Criminal Procedure or under the provisions of the Probation of Offenders Act.

8. Whenever a trial court makes a decision not to consider the case of the convict under Section 360 of the Code of Criminal Procedure or under the provisions of the Probation of Offenders Act, the trial court is bound to give a reasoning. In the case in hand, this was not done.

9. For the aforesaid reason, the part of the impugned judgment whereby the petitioner was sentenced to undergo one year imprisonment and to pay a fine of Rs.500/-, is set aside. This Court hereby allows the petitioner Md. Jafar Ali @ Jafar Ali to go after admonition.

With the aforesaid direction, the Criminal Revision Petition is disposed of. Send back the LCR.

Disclaimer: Curated by HT Syndication.