PAWAN KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, Pawan Kumar alias Billa was convicted, for Wrongful Restraint, And, Using Criminal Force to a lady with intent to outrage her modesty, and sentenced to Rigorous Imprisonment for three months and fine of Rs.1000/- with default sentence of one month's rigorous imprisonment under Section 354 RPC, and to one month's rigorous imprisonment and fine of Rs.500/- with default sentence of one month's rigorous imprisonment under Section 341 RPC by the Judicial Magistrate, Ist Class (City Judge), Jammu. His Appeal against the Sentence failed before the 3rd Additional Sessions Judge, Jammu. Questioning the Sentence awarded by the learned Magistrate and the affirmation thereof by the 3rd Additional Sessions Judge, the petitioner has invoked the Revisional Jurisdiction of this Court seeking setting aside of his Conviction and Sentence.

(2.) HEARD learned counsel for the parties and perused the records.

(3.) THE offences for which the petitioner was convicted provide for alternate punishments i.e. imprisonment or fine or both. Neither the learned Magistrate nor the Appellate Court has considered the factors and circumstances while preferring Custodial Punishment, to Fine provided in the two Sections. The judgment of the learned Magistrate and that of the Appellate Court further demonstrate that the provisions of the Jammu and Kashmir Probation of Offenders Act, 1966 and those of Section 562 of the Code of Criminal Procedure, Svt. 1989 consideration whereof before imposition of Sentence is mandatory, were not taken note of.