Insufficient punishment
DAYASAGAR MEHER
(Querist) 11 May 2013
This query is : Resolved
An accused is found guilty for crime u/s - 323, 427, 506 with the support from strong evidences.
But the judicial magistrate ordered punishment for only a small amount of fine and without any imprisonment. Now I believe that this punishment is insufficient.
Now the person found guilty is very antisocial in nature but a reasonably powerful person in society. Probably with the power of money he has influenced the magistrate.
Shall it be wise to approach high court for strong punishment under the sections mentioned above.
ajay sethi
(Expert) 11 May 2013
dont make any false and baseless allegations against judical magistrate without any reason . go through the impugned order passed by magaistrate . consider the reasons given by Magistrate for passing of order of payment of fine .
go by your lawyers advise .
prabhakar singh
(Expert) 11 May 2013
Had it been so as you state that" Probably with the power of money he has influenced the magistrate."THE MAGISTRATE COULD HAVE ACQUITTED HIM WITH NO MORE BLAME FROM YOU.
Q.Shall it be wise to approach high court for strong punishment under the sections mentioned above. ??
Follow your lawyer's advice who conducted the case.
venkatesh Rao
(Expert) 11 May 2013
The learned magistrate must have recorded reasons for his findings and final order in the judgment. Just because the case didnot culminate as you wished, please do not make such comments in public platform. Do consult your advocate and he will will properly guide you.
