The main legal point established in the judgment is the court's discretion to grant the benefit of Section 4 of the Probation of Offenders Act, 1958, based on the nature of the offence, the character of the offender, and the circumstances of the case.

JUDGMENT

1. This Criminal Appeal has been preferred under Section 374(2) Cr.P.C. praying for the following reliefs:-

"It is therefore, humbly & respectfully prayed that this appeal may kindly be accepted and allowed and the judgment dated 26.8.2005 passed in aforesaid sessions case No.47/2005 may kindly be quashed and set aside. The sentence awarded by the trial court also be set aside. The appellant may be acquitted from the charges. Any other relief favourable to the appellant may kindly be granted."

2. The matter pertains to an incident that occurred in the year 2005 and the present appeal has been pending since 2005.

3. Vide impugned judgment dated 26.08.2005 the learned Additional District & Sessions Judge (Fast Track), Banswara in Sessions Case No.47/2005 convicted accused-appellant for the offence under Section 316 IPC and sentenced to undergo three years simple imprisonment with a fine of Rs.1000/- in default of payment of fine, further to undergo fifteen days simple imprisonment.

4. Learned counsel for the parties submit that it is a small matter and could be disposed of today, upon which, the submissions were permitted.

5. Learned counsel for the appellant submits that on 13.03.2005 at about 01:30 PM while passing through the filed Smt. Sita allegedly kicked Smt. Narda, which caused delivery of dead child. Learned counsel further submits that PW-2 (Dr. Ravi Upadhyay) and PW-3 (Dr. Ramnarian Verma) have categorically deposed that the delivery could not successfully take place because the child was delivered prematurely.

6. Learned counsel for the appellant further submits that the appellant is the lady and the incident is about 17 years old and therefore, sending her back to the custody would not be in the interest of justice.

7. Learned counsel for the appellant also submits that in a limited relief, the Court may consider granting of benefit of Section 4 of the Probation of Offenders Act, 1958 ("the Act of 1958") as the present offence is not punishable with life imprisonment for life or death and being an incident, which suddenly happened while Sita & Nardan were passing through the field, in which, no weapon or any kind of external sources were attributed with the injury, it would be appropriate to grant such relief.

8. Learned counsel for the appellant makes a limited prayer that in the aforesaid factual matrix and while keeping into consideration that the appellant being a lady, the benefit of Section 4 of the Act of 1958 be extended to the present appellant.

9. Learned counsel for the accused-appellant further submits that the sentence awarded to the accused-appellant was suspended by this Hon'ble Court vide the order dated 02.09.2005 passed in S.B. Criminal Misc. Application for Suspension of Sentence No.628/2005 and thus, she is on bail.

10. Learned counsel for the accused-appellant however, makes a limited prayer that the accused-appellant may be granted benefit under Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act'). For the sake of brevity, the said sentence is reproduced as hereunder:-

"4. Power of court to release certain offenders on probation of good conduct.--

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour: Provided that the court shall not direct suc