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Fazal Rab Choudhary Vs. State of Bihar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 479 of 1982
Judge
Reported inAIR1983SC323; 1983CriLJ632; 1982(1)SCALE803; (1982)3SCC9
ActsIndian Penal Code (IPC) - Sections 377
AppellantFazal Rab Choudhary
RespondentState of Bihar
Excerpt:
.....the goods. the trial court dismissed the suit. on appeal by the bank, the high court allowed the appeal and decreed the claim for rs. 20,000 on the ground that as pledgee of the goods, the bank suffered loss only to the extent of the loss of its security. both the bank and the railway appealed to this court, and it was contended on behalf of the railway that the endorsement of the railway receipt in favour of the bank, did not constitute a pledge of the goods covered by the receipt and that the bank had no right to sue for compensation. held: (per subba rao, raghubar dayal and bachawat, j j): the firm by endorsing the railway receipts in favour of the bank, for consideration. pledged the goods covered by the said receipts, to the bank, and the bank being the pledgee could maintain..........come to his house to take a syringe. the learned magistrate convicted him for the aforementioned offence and sentenced him to suffer r.i. for three years. while recording the order of sentence, the learned magistrate observed:although no previous conviction is proved against the accused but i think accused is not entitled to get any benefit of probation in this case because offence is serious and heinous. i, therefore, sentence the accused to undergo r.i. for three years.the appellant preferred an appeal which was heard by addl. judicial commissioner, ranchi. the appellate court affirmed the finding of the trial court and accordingly confirmed the conviction. the learned judge has not discussed the question of adequacy or otherwise of the sentence imposed upon the appellant. when the.....
Judgment:
ORDER

1. Special leave limited to the question of sentence only.

2. Appellant is convicted for having committed an offence under Section 377 I.P.C., in that he committed an unnatural offence upon a young boy who had come to his house to take a syringe. The learned magistrate convicted him for the aforementioned offence and sentenced him to suffer R.I. for three years. While recording the order of sentence, the learned Magistrate observed:

Although no previous conviction is proved against the accused but I think accused is not entitled to get any benefit of probation in this case because offence is serious and heinous. I, therefore, sentence the accused to undergo R.I. for three years.

The appellant preferred an appeal which was heard by Addl. Judicial Commissioner, Ranchi. The Appellate Court affirmed the finding of the trial court and accordingly confirmed the conviction. The learned judge has not discussed the question of adequacy or otherwise of the sentence imposed upon the appellant. When the matter was taken to the High Court in revision at the instance of the appellant, the learned judge of the High Court dismissed the revision in limine, observing that the case has been proved and the revision is without merits.

3. The offence is one under Section 377 I.P.C., which implies sexual perversity. No force appears to have been used. Neither the notions of permissive society nor the fact that in some countries homosexuality has ceased to be an offence has influenced our thinking. However in judging the Depravity of the action for determining quantum of sentence, all aspects of the matter must be kept in view. We feel there is some scope for modification of sentence. Having examined all the relevant aspects bearing on the question of nature of offence and quantum of sentence, we reduce the substantive sentence to R.I. for 6 months. To the extent of this modification in the sentence, the appeal is allowed.


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