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CP-4Pbm With Ans
CP-4Pbm With Ans
A , aged 17 years and B, C and D aged 30, 35 & 40 years were prosecuted by a
special court for killing 5 people in a terrorist attack. ‘A’ challenged his trial by the
special Court. Can he do so?
1.
பயங்கரவாதத் தாக்குதலில் 5 பேரைக் கொன்றதற்காக 17
வயதுடைய A , 30, 35 & 40 வயதுடைய B, C மற்றும் D
ஆகியோர் சிறப்பு நீதிமன்றத்தால் வழக்குத்
தொடரப்பட்டனர். ‘ஏ’ சிறப்பு நீதிமன்றத்தில் தனது
விசாரணையை சவால் செய்தது. அவரால் அவ்வாறு
செய்ய முடியுமா?
Ans :
Yes, A can challenge his trial by the special court. As per the Indian
Constitution, every person has the right to a fair trial and legal
representation. A can approach the higher courts and challenge the
legality of the special court's jurisdiction and the fairness of the trial.
However, the final decision on the matter will be taken by the higher
courts after due consideration of all the facts and legal provisions.
Ans:
As per Section 4 of the Probation of Offenders Act, 1958, a person
who is under the age of 21 years at the time of committing an offense
can be released on probation. Since A is 19 years old, he is eligible for
release under this act. However, it is up to the discretion of the court
to decide whether to grant probation or not, based on the nature and
gravity of the offense, and other relevant factors. Therefore, it will
depend on the specific circumstances of A's case and the decision of
the court.
Ans :
The offense committed against the 19-year-old girl in this case is a heinous crime of
acid attack, which has severe physical, emotional, and psychological consequences for
the victim. The attackers should be punished severely to send a strong message to
society that such crimes will not be tolerated.
Under Section 326A and 326B of the Indian Penal Code, acid attack
is a non-bailable offense, and the punishment can range from ten
years to life imprisonment. In addition, the victim is entitled to
compensation under Section 357A of the Code of Criminal Procedure.
In this case, one of the attackers is a 40-year-old married man,
which shows that he has a higher degree of culpability as compared to
the 18-year-old attacker. The court should consider this factor while
deciding the punishment for the offenders.
The court may also take into account the fact that the victim was a
young girl who had a bright future ahead of her. The attackers not
only caused physical harm but also destroyed her dreams and
aspirations. The court may consider this factor while deciding the
quantum of punishment.
In the case of Laxmi vs. Union of India, the Supreme Court directed
the government to regulate the sale of acid and provide compensation
and rehabilitation to acid attack victims. The court also held that acid
attack is a violation of human rights and directed the government to
take steps to prevent such attacks.
Ans :
X's assertion that criminality is a learned behavior is supported by the
social learning theory of crime. According to this theory, individuals
learn criminal behavior through observation and imitation of others,
particularly those in their social environment. This includes peers,
family members, and even media portrayals of criminal behavior.