PUSHPENDRA SINGH BHATI
Rana Ram – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This Criminal Appeal has been preferred under Section 374(2) Cr.P.C. praying for the following reliefs:-
"It is, therefore, most humbly and respectfully prayed that this appeal may kindly be allowed and the impugned judgment and order dated 16.03.2016 passed by Special Judge, Electricity Offence, Pali in Sessions Case No. 42/2013 may kindly be quashed and set aside and the present appellant may kindly be acquitted for the offence under Section 138 of the Electricity Act, 2003.
Any other appropriate order or relief may kindly be passed in favour of the appellant as this Hon'ble Court may deem just and proper in the facts and circumstances of the case."
2. The matter pertains to an incident that occurred in the year 2012 and the present appeal has been pending since 2016.
3. Vide impugned judgment dated 16.03.2016 the learned Special Judge, Electricity Offence, Pali in Sessions Case No. 42/2013 convicted the accused-appellant for the offence under Section 138 of Electricity Act and sentenced him to undergo one year S.I., along with a fine of Rs. 5,000/-, default in payment of which he was ordered to further undergo three months' simple imprisonment.
4.
CCE v. Bahubali (1979) 2 SCC 279
Dalbir Singh v. State of Haryana
Lakhvir Singh and Ors. v. The State of Punjab and Ors. (2021) 2 SCC 763
The main legal point established in the judgment is the applicability and benefit of Section 4 of the Probation of Offenders Act, 1958 to the case of the accused-appellant convicted under Section 138....
The main legal point established in the judgment is the entitlement of an accused-appellant, with no criminal antecedents, to the benefit under the Probation of Offenders Act, 1958, based on the legi....
The main legal point established in the judgment is the application and interpretation of Section 4 of the Probation of Offenders Act, 1958 in granting the benefit of probation to the accused-appella....
The court's decision was influenced by the absence of criminal antecedents of the accused-appellant and the legislative intent of the Probation of Offenders Act, 1958.
The central legal point established in the judgment is the entitlement of accused-appellants to the benefit under the Probation of Offenders Act, 1958, based on their lack of criminal antecedents and....
The main legal point established in the judgment is the entitlement of the accused-appellants to the benefit under the Probation of Offenders Act, 1958, based on the absence of criminal antecedents a....
The main legal point established in the judgment is the court's discretion to extend the benefit of probation under the Probation of Offenders Act, 1958, based on the legislative intent of the Act an....
The main legal point established in the judgment is the entitlement of the accused-appellant to the benefit under the Probation of Offenders Act, 1958 based on the absence of criminal antecedents and....
The central legal point established in the judgment is the court's discretion to extend the benefit of probation under the Probation of Offenders Act, 1958, based on the nature of the offences, the c....
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