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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
URMILA JOSHI PHALKE
Sunil S/o Parmeshwar Mude – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details (Para 2 , 3) |
| 2. (Para 4 , 5) |
| 3. consideration of evidence and probation report (Para 6 , 7 , 8) |
| 4. sentence modification and probation order (Para 9 , 10 , 11) |
| 5. overall conclusion and order (Para 12 , 13) |
JUDGMENT :
URMILA JOSHI PHALKE, J.
1. Heard.
2. The applicant is assailing the judgment dated 21.02.2018 in Regular Criminal Case No.45/2016 passed by the Judicial Magistrate First Class, Hinganghat, whereby the Applicant is convicted for the offences punishable under Section 354 of IPC and sentence to suffer rigorous imprisonment for 1 year and to pay fine of Rs. 2,000/-, in default of payment of fine further suffer simple imprisonment for one month. He is further convicted for the offence punishable under Section 452 of IPC and sentenced to suffer rigorous imprisonment for 1 year and to pay a fine of Rs. 3,000/- and in default of payment of fine simple imprisonment for one month. The said judgment and order of conviction was challenged by the present Applicant before the learned Additional Sessions Judge, Hinganghat, District Wardha and the Learned Sessions Judge has modified the order of sentence and acquitted the present Applican
The court may grant probation under the Probation of the Offenders Act when mitigating factors exist, emphasizing reform over punishment in cases with established culpability.
The court applied the Probation of Offenders Act, 1958 to release the first-time offender on probation, considering the nature of the offence and the character of the offender.
The court upheld the conviction under Section 448 IPC for house-trespass, stressing the importance of context over retribution and granting probation after 24 years.
The central legal point established in the judgment is the application of Section 4 of the Probation of Offenders Act, 1958, considering the nature of the offence, character of the offender, and abse....
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The court emphasized the reformative purpose of the Probation of Offenders Act, favoring rehabilitation for offenders without prior convictions.
Conviction modified - Power of Court to release certain offenders on probation of good conduct - Section 4 of 1958 Act does not create any distinction between category of offenders and provision of s....
Hurt and intentional insult – Benefit of probation can be extended to accused if he has unblemished past otherwise.
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