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Multan Singh – Appellant
Versus
State – Respondent
JUDGMENT :
1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following reliefs:-
3. The matter pertains to an incident that occurred in the year 1995 and the present appeal has been pending since 1998.
4. Vide impugned judgment dated 26.03.1998 passed by the learned Sessions Judge, Jaisalmer in Sessions Case No. 73/95, 19/97, whereby the appellants were convicted and sentenced as under:-
| U/S 366 IPC | Four years R.I. and a fine of Rs.500/-, in default of payment of fine to further undergo one month's imprisonment. |
| U/S 363 IPC | Two year's R.I. and a fine of Rs.500/-, in default of payment of fine to further undergo one month's imprisonment. |
| U/S 457 IP | |
The main legal point established in the judgment is the application of the Probation of Offenders Act, 1958, based on the nature of the offence, the age of the appellant, and the absence of criminal ....
The main legal point established in the judgment is the entitlement of accused-appellants to the benefit under the Probation of Offenders Act, 1958, based on the absence of criminal antecedents and t....
The court applied the legislative intent of the Probation of Offenders Act and previous decisions to extend the benefit of Section 4 to the accused-appellant, allowing release on probation with speci....
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