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PUSHPENDRA SINGH BHATI
Sangram Ram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
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 (2) Cr.P.C. claiming the following reliefs:-
'It is, therefore, prayed that the appeal be accepted and the order/judgment of the trial court be set aside and the appellants be acquitted.'
3. The matter pertains to an incident that occurred in the year 1994 and the present appeal has been pending since 1994.
4. Vide impugned judgment dated 01.12.1994 the learned Special Judge, SC/ST (Prevention of atrocities) Act, 1989 in Sessions Case No.105/1994 convicted them for the offence(s) under Section(s) 451, 323 IPC and 3(1)(x) SC/ST Act and sentenced them as under:- (Sentences will run concurrently)
| 451 IPC | : 06 months SI and a fine of Rs.500/- in default of payment of fine to further undergo 02 months SI. |
| 323 IPC | : 04 months SI and a fine of Rs.250/- in default of payment of fine to f |
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 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 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....
The central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under the Probation of Offenders Act, 1958, based on the absence of criminal antecedent....
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