JUDGEMENT
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(1.) Heard learned counsel for the parties.
Leave granted.
(2.) This Court on 8th September, 2014 had issued notice
limited on the question of sentence.
We have perused the impugned judgment affirming the
findings and reasons for the conviction and sentence
of the appellant under Section 354 of the Indian Penal
Code ("IPC" for short).
(3.) Learned counsel for the appellant has invited our
attention to the medical certificate produced in this
appeal to show that the appellant is suffering from
affective psychosis, which is stated to be a brain
disorder. In support of the same, another certificate
issued by the Deputy Superintendent, Central Jail No.
12th 5, Tihar, New Delhi dated August, 2014 is produced. It is contended by the learned counsel for
the appellant that the arguments were advanced before
the Division Bench of the High Court in this regard to
impose lesser punishment as provided under Section 354
of the IPC, prior to the Amendment Act of 2013, where
the Court had discretionary power to impose punishment
for less than one year, that had not been considered
by the High Court. Therefore, the appellant is before
this Court seeking for reducing the sentence imposed
by the High Court in the impugned judgment and order.;
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