Since the soul and heart of the judgment were missing, the Cour remitted the matter to the magistrate for reconsideration of the evidence and rewriting of the judgment.
The Court rejected the applicant's argument that the complainant, being a lawyer who was familiar with the nuances of writing a complaint, had twisted the facts to compel the police to register a complaint.
The Court opined that Section 3 of the Probation of Offenders Act of 1958 grants powers to a Magistrate to release a convict after admonition or appropriate warning so that he does not repeat the offence.
A magistrate court in Mumbai's Mulund on Thursday sentenced a 43-year-old man to a month in jail along with a fine of ₹ 1,000 for holding his minor cousin's hand without her consent and proposing marriage.