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MANOJ KUMAR GARG
Kamla – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of filing the instant Criminal Revision Petition, challenge has been made to the order dated 14.02.2023 passed by the learned Additional Sessions Judge, Deedwana, District Nagaur in Criminal Appeal No. 46/2015 whereby the learned appellate Court maintained the judgment of conviction under Sections 498A and 406 of the IPC but quashed the order of sentence and instead of sending the accused to jail, extended them the benefit of probation under section 4 of the Probation of Offenders Act and cost of proceeding were imposed upon them.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Perused the material available on record.
3. Bereft of elaborate details, the facts of the case are that the petitioner is the victim/complainant of a case filed under Sections 498A and 406 of the IPC against the respondents No. 2 to 4 before the learned Additional Chief Judicial Magistrate, Deedwana, District Nagaur. After a rigorous trial, the learned Judicial Magistrate convicted the accused-respondents for the offences under Sections 498A and 406 of the IPC and sentenced each of them to undergo one year imprisonment alongwith a fine of Rs. 50
The court upheld the appellate decision to grant probation, emphasizing the discretion of judicial officers in sentencing and the reformative theory of punishment.
The court upheld the appellate decision to grant probation instead of imprisonment, emphasizing the discretion of judicial officers in sentencing based on case circumstances.
The discretion to extend the benefit of probation of good conduct to the accused under Section 360 of CrPC and the provisions of Probation of Offenders Act is based on the age, character, antecedents....
The appellate court's decision to grant probation was upheld, emphasizing the consideration of the offenders' circumstances and the nature of the offence in sentencing.
Section 4 of Probation of Offenders Act power of Court to release certain offenders on probation of good conduct.
The central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under Section 4 of the Probation of Offenders Act, 1958, based on the absence of crimin....
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