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Ali Mahomed Adamalli vs Emperor on 3 July, 1945

In Mahomed Hanif and another v. Emperor [(1942) 44 BOM, L.R. 456; (1942) AIR (B215)], it was observed that if a person has shown from his past actions that he intends to adopt a criminal career, three things should be borne in mind while sentencing him; first, it is necessary to pass a sentence upon him which will make him realize that a life of crime becomes increasingly hard, and does not pay; secondly, the sentence should serve as a warning to others who may be thinking of adopting a criminal career; and thirdly, the public must be protected against people who know that they are going to ignore the rules framed for the protection of society. However at the same time principles of natural justice demand that the accused may be afforded an opportunity to explain his previous conviction in such a way that the Court is not prejudiced during Patna High Court D. REF. No.3 of 2019 dt.23-03-2022 12/21 trial by the fact of previous conviction. Navigating this delicate balance of natural justice is like walking a tightrope.
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