If there is no provision for minimum punishment, the judge has the discretion to decide the sentence: Allahabad High Court

Prayagraj, 02 December: The Allahabad High Court has stated that if there is maximum punishment for the crime but not the minimum fixed, then the judge can give any punishment considering the facts, evidence, circumstances and justification of the crime.

The Allahabad High Court said that section 420 provides for the punishment of fine along with the penalty. Therefore, it cannot be left out only by imposing fines. Both have to be punished. If the minimum sentence is fixed with the maximum, then the punishment of the minimum cannot be given. But where there is no minimum punishment. There the judge can punish at his discretion.

“At the same time, the court considered the period of 28 days in jail of the person who was laundering money to get a job was sufficient. But the amount of the fine has been increased from 50 thousand to one lakh and that the fine should be paid to the victim plaintiff within two months,” The High Court ruled.  

This order has been given by Justice Saurabh Shyam Shamsheri, who gave verdict in Hindi language, partially accepting the revision petition filed against Asaram Yadav’s two-year sentence and fine. The court ruled in Hindi.

It may be known that Chintamani Dubey complained to SSP Allahabad on May 15 2002 that Asha Ram Yadav, who is a government servant, took Rs 53,000 by luring his brother Shesh Mani Dubey to the job. Brother receives expenses on tuition. If I did not get a job, then I asked for the money back, however, he returned twelve thousand in installments but denied to return forty one thousand repuees.

On the direction of SSP, an FIR was lodged at Colonelganj Police Station. Police did not find any crime and put a final report.

But the court issued summons after taking cognizance and imposed a sentence of rigorous imprisonment of 5 years and a fine of two lakhs.

The Sessions Court reduced the sentence to two years and imposed a fine of 50,000 which was challenged in the Allahabad High Court.

The petitioner said that he had spent 28 days in jail. He is 65 years old and trials for 19 years. Now the punishment which has been considered sympathetically should be considered sufficient and the penalty should be dropped.

On this, the court considered an adequate sentence of 28 days jail and imposed a fine of one lakh and asked that this amount be given to the victim litigant.

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