APCrRPCO Section 94 : Reasons for Severe or Lenient Punishment to be Recorded
Act
Summary
Section 94 of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990 mandates that judges must document the reasons for imposing either severe or lenient sentences in Sessions trials. This requirement ensures transparency, especially when varying degrees of punishment are given to different individuals convicted of the same offense in a single trial.
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Explanation using Example
Example 1: Sentencing in a Theft Case
Introduction: In a Sessions Court in Andhra Pradesh, three individuals, A, B, and C, are convicted of theft. A is sentenced to 10 years, B to 5 years, and C to 2 years in prison.
Application: According to Section 94 of The Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, the judge must record the reasons for the varying degrees of punishment. The judge notes that A was the mastermind and had previous convictions, B was a first-time offender but played a significant role, and C was coerced into participating.
Outcome: The recorded reasons provide transparency and allow for an understanding of the judicial discretion applied. This ensures that if an appea...
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