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GANESH RAM MEENA
Makkhan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Ganesh Ram Meena, J.
The present criminal appeal has been preferred by the accused-appellant against the judgment of conviction and sentence dated 23.12.1993 passed by the Court of learned Addl. District & Sessions Judge, Kotputli [for short 'the trial Court'] in Sessions Case No.39/1992 (Old No.36/1988), whereby, he has been convicted and sentenced as under:-
| U/s. 306 IPC: | Five years Simple Imprisonment and a fine of Rs. 500/- and in default of payment of fine, to undergo one month simple imprisonment. |
| U/s. 348 IPC: | One year simple imprisonment. |
Both the sentences were ordered to run concurrently.
2. On filing of appeal, the sentence awarded to the accused-appellant was suspended vide order dated 04.01.1994 and he was released on bail.
3. Mr. R.B. Mathur Senior Counsel assisted by Mr. Satyam Khandelwal learned counsel appearing for the accused appellant instead of arguing the appeal on its merits with regard to challenge to the conviction and sentence, confines his arguments for grant of benefit of probation to the appellant under the provisions of Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act of 1958'). Counsel further sub
The court emphasized the rehabilitative purpose of the Probation of Offenders Act, allowing probation for an offender with no prior convictions and considering age and societal behavior.
The court upheld the conviction under Section 307 IPC but granted probation, emphasizing rehabilitation over punishment for offenders above 21 years.
The court can extend probation benefits to offenders above 21 years under the Probation of Offenders Act, 1958, emphasizing rehabilitation over punishment.
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 ....
(1) Benefit of probation – 1958 Act seeks to harmonize deterrence and reformation while empowering courts to release offenders after admonition or on probation of good conduct under supervision of Pr....
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