1. Conviction under Section 304 Part II, Indian Penal Code — Appeal against sentence — Applicability of Probation of Offenders Act based on age. (Para 2 )
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1998 Supreme(SC) 633
SUPREME COURT OF INDIA
G.B.Pattanaik : Sujata V.Manohar
Mohammad Alias Biliya
Versus
State Of Rajasthan
Case No. : 613 of 1998
Date of Decision : 5/15/98
Important Points
An offender who is under 21 years of age at the time of the occurrence is eligible for release on probation under the Probation of Offenders Act.
Subject
Criminal Law - Sentencing and Probation
Act Referred
Headnote
(A) Indian Penal Code - Sections 302 and 304 Part II - Probation of Offenders Act - Conviction under Section 304 Part II - Sentence of four years imprisonment - Application of probation based on age - Where it is admitted that the age of the appellant was less than 21 years on the date of occurrence, the provisions of the Probation of Offenders Act can be given effect to - Appellant directed to be released on probation on executing a bond for a period of two years. (Para 2)
Facts of the case:
The appellant was charged under Section 302 of the Indian Penal Code but was convicted under Section 304, Part II, and sentenced to four years imprisonment. Appeals preferred by both the State and the appellant against the order of the Sessions Judge were dismissed. The matter was subsequently listed to determine if the provisions of the Probation of Offenders Act could be applied based on the age of the appellant at the time of the occurrence.
Findings of Court:
The court noted that it was admittedly established that the age of the appellant was less than 21 years on the date of the occurrence.
Issues: Whether the provisions of the Probation of Offenders Act could be applied to the appellant in view of his age at the time of the occurrence.
Ratio Decidendi: Since the appellant was under 21 years of age at the time of the offense, he is eligible to be released on probation under the Probation of Offenders Act.
Result: Appeal disposed of; appellant released on probation for two years on executing a bond.
Facts of the case:
The appellant was charged under Section 302 of the Indian Penal Code but was convicted under Section 304, Part II, and sentenced to four years imprisonment. Appeals preferred by both the State and the appellant against the order of the Sessions Judge were dismissed. The matter was subsequently listed to determine if the provisions of the Probation of Offenders Act could be applied based on the age of the appellant at the time of the occurrence.
Findings of Court:
The court noted that it was admittedly established that the age of the appellant was less than 21 years on the date of the occurrence.
Issues: Whether the provisions of the Probation of Offenders Act could be applied to the appellant in view of his age at the time of the occurrence.
Ratio Decidendi: Since the appellant was under 21 years of age at the time of the offense, he is eligible to be released on probation under the Probation of Offenders Act.
Result: Appeal disposed of; appellant released on probation for two years on executing a bond.
Legal Category Hierarchy
Table of Contents
2. State's admission that the appellant was under 21 years of age on the date of the occurrence. (Para 2 )
3. The appellant was under 21 years of age on the date of the occurrence. (Para 2 )
4. Offenders under 21 years of age may be released on probation under the Probation of Offenders Act. (Para 2 )
5. Leave granted — Appeal disposed of — Appellant released on probation upon executing a bond for two years. (Para 1 , 2 , 3 )
6. Can a convicted person be released on probation based on their age?
Yes, if the offender was under 21 years of age on the date of the occurrence, the provisions of the Probation of Offenders Act can be applied to release them on probation. (Para 2 )
(1) LEAVE granted.
(2) THE appellant stood charged under Section 302, Indian Penal Code but the learned Sessions Judge convicted him under Section 304, Part II, Indian Penal Code and sentenced him to four years imprisonment. Against the order of the learned Sessions Judge, the State and also the appellant had preferred the appeals but both the appeals were dismissed. In this Court when the matter was listed for admission, a limited notice had been given to find out whether the provisions of Probation of Offenders Act can be given effect to in view of the age of the appellant on the date of the occurrence. On verifying the age of the appellant, MR.Aruneshwar Gupta, learned counsel appearing for the State states that admittedly the age of the appellant was less than 21 years on the date of the occurrence. In view of the aforesaid, we direct that the appellant be released on probation on executing a bond to the satisfaction of the concerned Magistrate for a period of two years.
(3) THE appeal is disposed of accordingly.
