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Appeal /revision

(Querist) 07 September 2013 This query is : Resolved 
Dear experts,
Being a Prosecutor, I know your view that my Presiding Officer of the court has released a convicted accused u/s 47(a) of Exise Act on admonition. In my knowledge, the court may release a convict on admonition, when the accunsed is found guilty under the I.P.C. and if the accused is found guilty under other section except IPC, e.g Arms Act,Excise Act, or any other act under Minor Acts may not be released on admonition. Here my question is that can I prefer an appeal or revision before higher court for enhancement of the punishmet ?
Devajyoti Barman (Expert) 08 September 2013
You can choose either of the two.
Since in Revision, the acquittal is unlikely to be converted into conviction , it is netter to go for appeal.
venkatesh Rao (Expert) 08 September 2013
Sec.3 of the Probation of offenders Act is very clear. It includes offence under other laws which are punishable with an mprisonment of not more than 2 years or with fine or both, the court may in stead of sentencing him, may release him on due adminition.

Sec. 3 contains a over riding efeect on other laws. The procedure for trial of the offence under Excise Act is necessarily under Cr.p.C. Now, under Sec 248(2) and 255(2)there is a clear mandate upon the magistrate that on finding an accused guilty,AND IF HE DOES NOT PROCEED UNDER 360 CR.P.C., then he may pass sentence upon the accused.Of course, 360 of Cr,P.C. is not applicable in States where P.O.Act is in force. As such, (if the punishment provided is not more than 2 years under Excise Act) then magistrate has rightly exercised his powers under PO Act.

Yet, if you want to file an appeal, you may attach the copy of judgment and I willsend a draft and you can think over.

My id- raoknpv@gmail.com
Raj Kumar Makkad (Expert) 09 September 2013
I do endorse the advice of venktesh.


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