Supreme Court of India.
| Photo Credit: SUSHIL KUMAR VERMA
The Supreme Court has agreed to examine how a Chief Judicial Magistrate court in Kerala “exceeded its jurisdiction” to try to convict a man for dacoity.
The offence of dacoity underneath Section 394 of the Indian Penal Code is punished with life imprisonment or sentence up to 10 years and fantastic.
Under Section 29 of the Code of Criminal Procedure, a Chief Judicial Magistrate (CJM) “may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years”.
A Bench led by Justice Krishna Murari has issued discover to the State of Kerala on the attraction filed by the accused-petitioner Ratheesh, represented by advocates Tomy Chacko and Ankolekar Gurudatta and listed the case for detailed listening to in July.
The court granted Mr. Ratheesh exemption from surrendering till additional orders.
Mr. Ratheesh, who has additionally challenged the lowered sentence of two years awarded to him by the State High Court in November 2021, mentioned the alleged incident dated again by 25 years. He was 54 years previous now, a fisherman wrongly tried for a severe offence like dacoity.
He mentioned the police model had not even included the essential substances of such a crime. There was no medical proof of any accidents or harm inflicted on the sufferer.
According to the police, the incident occurred in July 1998. The sufferer was sitting at a park in Ernakulam when the accused allegedly accosted him, and after a temporary dialog, punched him on the chest and made off with a gold chain.