Sikkim Court July 1986 Judgments
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State of Sikkim Vs. Dewa Tshering Bhutia and ors.
Court: Sikkim
Decided on: Jul-30-1986
Reported in: 1987CriLJ491
ORDERJ.K. Mohanty, C.J.1. This revision has been filed b' the State of Sikkim praying thai sentence of fine imposed on the respondents while convicting them Under Section 292, Penal Code IS. 293 perhaps has not been mentioned due to inadvertence) is not according to law. As per the l.P.C, as it stood on the date of commission of the offence, sentence of imprisonment should have been imposed. In this case accused-respondents were prosecuted for having committed offences Under Sections 292, 293, l.P.C. and Section 14, Indian Cinematograph Act. They pleaded guilty and the Magistrate imposed fine of Rs. 100.00 Under Section 292, l.P.C, Rs. 150.00 Under Section 292, l.P.C. and Rs. 40.00 Under Section 14, Indian Cinematograph Act. The reason for imposing sentence of fine only as mentioned in the order was that the amendment made in the Penal Code in the year 1969 making imprisonment compulsory does not apply to the State of Sikkim. According to the learned Magistrate l.P.C. as it stood on 10...
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