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PUSHPENDRA SINGH BHATI
Manohar Singh – Appellant
Versus
State – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - 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:-
"It is, therefore, prayed that this Hon'ble court will be pleased to send for the record of the lower court, perused the same and after perusal quash the conviction and sentence, acquit him and pass any other order that this Hon'ble court deems it and proper."
3. The matter pertains to an incident that occurred in the year 1983 and the present appeal has been pending since 1993.
4. Vide impugned judgment dated 27.09.1993, the learned trial court convicted the accused-appellant for the offence under Section 397 IPC and sentenced him to undergo seven years simple imprisonment, alongwith a fine of Rs. 500/-, in default in payment of fine, to undergo further one month simple imprisonment. The offence under Section 397 IPC, as per the Indian Penal Code, is punishable with imprisonment, for a term not less than seven years.
5. Learned counsel f
The central legal point established in the judgment is the entitlement of a person below 21 years and without previous criminal antecedents to the benefit under the Probation of Offenders Act.
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 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....
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....
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