HIM CH HEMBRAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a Jail Appeal filed by the Convict/Appellant which is directed against the judgment and order dated 11.3.2004 passed by the learned Special Judge, Third Court, Purulia in Special Court Case No. 2 of 2003. As the Convict/Appellant pleaded guilty, the learned Special Court by its impugned judgment and order found him guilty in respect of charge of Section 409 of the Indian Penal Code and sentenced him to suffer a simple imprisonment for a period of eight (8) years and to pay fine of Rs. 1,000/- (One Thousand) ; In default of payment of fine he was directed to suffer further simple imprisonment for two months.

(2.) This appeal has been argued by Shri Bhattacharya, the learned State Defence, who has placed before us the following points in support of the appeal.

(3.) Firstly, Shri Bhattacharya has submitted that the sentence is too severe. Secondly, the learned Special Court without properly appreciating the state of mind of the appellant very abruptly had taken the plea of guilt which resulted in a miscarriage of justice and thirdly, the plea of guilt was not a unqualified plea of guilt. As such, the same should not have been accepted by the learned Special Court without exercising prior judicial discretion.