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ROBIN PHUKAN
Urmila Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Robin Phukan, J.
By this common judgment it is proposed to hear and dispose of Criminal Revision Petition No. 532/2022 and Criminal Revision petition No. 610/2022, as legality, propriety and correctness of the same judgment and order, dated 26.09.2022, passed by the learned Sessions Judge, Darrang, Mangaldai, in Criminal Appeal No.07/2021, is being questioned in both the petitions and as the parties involved in both the petitions are also identical and as identical questions of law are involved in both the petitions.
2. In Criminal Revision Petition No. 532/2022, under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, the petitioner, namely, Smti. Urmila Das, has challenged the correctness or otherwise of the judgment and order dated 26.09.2022, passed by the learned Sessions Judge, Darrang, Mangaldoi, in Criminal Appeal No.07/2021, preferred under sections 11/11(2) of the Probation of the Offenders Act. It is to be mentioned here that vide impugned judgment and order dated 26.09.2022, learned Sessions Judge, Darrang had interfered with judgment and order dated 04.03.2021, passed by the learned Judicial Magistrate 1st Class, Darrang, Mangaldai in
The court emphasized the mandatory requirement of obtaining a Probation Officer's report before releasing offenders on probation, deeming any release without it illegal.
The court established that the application of the Probation of Offenders Act must consider the nature of the offence and that procedural requirements, such as obtaining a probation officer's report, ....
(1) Fine is not an alternative to imprisonment.(2) Benefit of probation – If Section 360, Cr.P.C. were not applicable in a particular case, there is no reason why Section 4 of Probation Act would not....
Courts must consider probation for minor offences like voluntarily causing hurt, recording reasons if denied; appellate courts can grant benefit considering delay, offender character, reformatory aim....
The central legal point established in the judgment is the requirement for a reasoned decision and consideration of the nature of the offense and character of the offenders before extending the benef....
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