PANKAJ PUROHIT
Gurjeet Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT (ORAL)
Heard learned counsel for the parties.
2. The present criminal revision has been preferred against the judgment and order dated 19.02.2013, passed by 3rd Additional District Judge/Sessions Judge, Udham Singh Nagar in Criminal Appeal No.13 of 2008 Gurjeet Singh Vs. State of Uttarakhand, whereby the appeal filed by the revisionist/accused was dismissed and the judgment and order dated 26.02.2008 passed by learned Special Judicial Magistrate, Khatima, Udham Singh Nagar in Criminal Case No.449 of 2006(98) State Vs. Gurjeet Singh, whereby, the conviction of revisionist/ accused was modified only from 420 IPC to 420/511 IPC, rest of the part of conviction was affirmed and modified as under:—
| S. No. | Conviction | Sentence | Fine | Sentence in-lieu of fine |
| 1. | 420/511 IPC | Six months’ R.I. | Rs.1,500/- | 2 months’ additional S.I. |
| 2. | 468 IPC | One years’ R.I. | Rs.1,500/- | 2 months’ additional S.I. |
| 3. | 471 IPC | One years’ R.I. | Rs.1,500/- | 2 months’ additional S.I. |
Aforesaid sentences were directed to run concurrently.
3. The facts of the case are that the complainant-informant Ajay Kumar Singh, Inspector, Local Intelligence Unit, Udham Singh Nagar made
Benefit of probation can be extended, having due regard to nature of offence and character of offender.
The main legal point established in the judgment is the application of the Probation of Offenders Act, 1958 to release the accused on probation based on the nature of the offence, the character of th....
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The main legal point established is the discretionary nature of the power to grant probation, considering the nature of the offence and the character of the offender, and the applicability of probati....
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.
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