IQBAL IBRAHIM SHAIKH Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
IQBAL IBRAHIM SHAIKH
STATE OF GUJARAT
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(1.) Can our society claim any moral or ethical right to be harsh towards citizens who are forced to commit petty offences on account of compelling necessities of life ? This question has surfaced in this petition.
(2.) The petitioner accused has been convicted for an offence of theft under sec. 379 of the Indian Penal Code by the learned Metropolitan Magistrate Court No. 2 Ahmedabad in Criminal Case No. 1229 of 1982 decided on 10/12/1982 and sentenced to undergo R. I. for two months and to pay a fine of Rs. 100.00 and in default of payment of fine to undergo further R. I. for one month. The accused preferred Criminal Revision Application No. 336 of 1982 in the court of City Sessions Judge Ahmedabad. The learned City Sessions Judge confirmed the order of conviction and sentence passed by the trial court by his order dated 21/02/1983 Against the orders of the lower courts the petitioner accused has preferred the present petition.
(3.) The petitioner has been convicted and sentenced for the offence of theft on the allegation that when the complainant was travelling in a municipal bus on 31/05/1982 his pocket was picked by the accused and the accused had stolen Rs. 414.00. The trial court believed the prosecution version and passed an order of conviction and sentence as stated above and the learned City Sessions Judge has maintained the same.;
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