.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
sreenath cochin (advocate) 09 February 2010
.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
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.