sreenath cochin

student



[ Scorecard : 171]

.an eminent doctor who lured a women intoa path of immorality was convicted under sec 376 and was debarred ffrom practising for three years.what is the legality of the order.pls refer to relevant sections of crpc

ANIL KUMAR MENON

ADVOCATE



[ Scorecard : 1006]

Debarring from practising for three years is not a punishment prescribed for the offence u/s 376.  Therefore it means no punishment has been imposed though found guilty.  Hence the order is not legal. Since the Judge has not passed sentance according to law s.235(2) Cr.p.c. the order will be set aside and the trial court would be directed to pass sentance according to law. 386(1) Cr.P.C.

Message thanked : 1 times

Related Topics / Similar Threads

• Right to have private pleader in CrPC Appeal cases?
• DV ACT & 125 CrPC Judgements...Pls help
• Habeas Corpus or 167,437 -or 439 CrPc in NSA?
• Se437 CrPc says appears before Court other than HC & SC
• quantum of maintenance crpc 125
• transfer crpc 125 mentinence case from magistrate to DJ/ sea
• S. 200 CrPC pre -cognence stage que.
• is verification required crpc 125
• Amendments to the CrPC ?
• Sec 340 Crpc Proceedings

More..