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If the guilty are exempted the criminals are encouraged : High Court

The High Court has upheld the order of the trial court in a case where a woman had cheated people by getting money to give them LPG cylinders.
Bengaluru: The High Court upheld the trial court’s order convicting a Mandya woman of defrauding a villager by taking money for providing cooking gas (LPG) cylinders, saying that if the guilty are exempted, the criminals will be further encouraged.

He filed a review petition in the Kausalya High Court of Baburayanakoppalu seeking to quash the order of the JMFC Court of Srirangapatna which held him guilty and sentenced him and the order issued by the 3rd Additional District and Sessions Judge of Mandya upholding it. A bench headed by Justice Rajendra Badamikar, who partially allowed the petition, refused to quash the conviction of the woman petitioner.

However, the order of the trial courts has been modified and the sentence imposed on the woman by the trial court has been reduced from 2 years to 6 months and the amount of fine has been increased from 10 thousand rupees to 25 thousand rupees.

It is proved that the petitioner has committed fraud. In such cases, the Probation of Offenders Act, 1958 (an act that provides for the release of offenders with due warning) provides immunity to the guilty, saying that it would give further encouragement to fraudsters, and refused to quash the woman’s sentence. On perusal of the case, it is confirmed that the petitioner has defrauded 10 persons. Therefore, the High Court said that he should be punished.

What is the background of the case? : In 2010, Kausalya, who introduced himself as working in Stree Shakti Sangh of Mandya, cheated the villagers of a total of 44 thousand rupees by saying that he would provide LPG cylinders at a low price on behalf of the association. A complaint was filed in Srirangapatna police station in this regard. The Magistrate’s Court which tried the case found Kausalya guilty and sentenced him to 2 years rigorous imprisonment and 10 thousand rupees. Fined on October 21, 2013

On August 1, 2014, the Sessions Court dismissed the appeal filed by Kausalya questioning this. Thus, Kausalya approached the High Court seeking cancellation of the sentence.

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