power of jmfc court
Adv.Sachin Y.Mane
(Querist) 12 April 2011
This query is : Resolved
can jmfc court impose punishment exceeds 3yrs.imprisonment for offence u/s.377 IPC
Citation for bail application for offence u/s.377 of Ipc.
M.Sheik Mohammed Ali
(Expert) 12 April 2011
you can face the trial some guide her whether confirmed or not ,
Penetration is sufficient to candidate the carnal intercourse necessary to the
9offence described in this section.
Parveen Kr. Aggarwal
(Expert) 12 April 2011
No. A Judicial Magistrate First Class cannot impose punishment exceeding three years. (Section 29(2) of the Code of Criminal Procedure, 1973) but by virtue of provision contained in section 325 of the Code of Criminal Procedure, 1973, whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, he may submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and as is according to law.
indrajit mukhopadhyay
(Expert) 12 April 2011
statutes itself is very much clear.
bail is a matter of discretion.
