Back
GANESH RAM MEENA
Lal Chand son of Shri Devilal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Ganesh Ram Meena, J.
1. This criminal appeal has been filed by two convicted persons namely; Lal Chand and Ghanshyam both sons of Shri Devi Lal, residents of Village Gordhanpura, Police Station Ramganj Mandi, District Kota (Rajasthan).
2. As per the report dated 14.01.2024 submitted by learned Public Prosecutor, accused appellant No.1- Lal Chand s/o Shri Devi Lal has expired.
3. The Coordinate Bench of this Court vide its order dated 16.01.2024 after taking into consideration the aforesaid report directed to mark with red ink in front of appellant No.1 in the cause title about his demise and further directed in regard to survives of appeal qua the appellant No.2 Ghanshyam only.
4. Thus, the criminal appeal as regards the accused appellant No.1- Lal Chand stands abated and the appeal qua the accused appellant No.2- Ghanshyam, which now survives, is being decided by this Judgment.
5. The present criminal appeal has been preferred by the accused-appellant against the judgment of conviction and sentence dated 16.12.1993 passed by the Court of learned Additional District and Sessions Judge No.3, Kota Camp Court, Ramganjmandi, District Kota (Rajasthan) in Sessions Case No.204/1992,
The court established that probation can be granted under the Probation of Offenders Act, 1958, even for older offenders, emphasizing rehabilitation over punishment.
The Probation of Offenders Act allows for probation for offenders not facing life sentences, emphasizing rehabilitation over punishment based on individual circumstances.
The court upheld the conviction under Section 307 IPC but granted probation, emphasizing rehabilitation over punishment for offenders above 21 years.
The court reinforced that the Probation of Offenders Act prioritizes rehabilitation over punishment, allowing for probation based on the offender's character and circumstances.
The main legal point established in the judgment is the court's discretion to grant the benefit of probation under the Probation of Offenders Act, 1958, based on the circumstances of the case, the na....
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The court emphasized the necessity for trial courts to consider the application of probation laws for first-time offenders and the requirement to provide reasons for not applying such provisions.
The court emphasized the necessity of considering probation for first-time offenders and the requirement for special reasons when denying such benefits, particularly under the Probation of Offenders ....
Courts must consider probation for minor offences like voluntarily causing hurt, recording reasons if denied; appellate courts can grant benefit considering delay, offender character, reformatory aim....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
