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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Durga Shanker – Appellant
Versus
State – Respondent
Judgment :
1. Instant revision petition has been filed by the accused-petitioner against the order dated 25.01.2012, passed by learned Additional Sessions Judge, Banswara in Cr. Appeal No.60/2007 whereby the learned appellate court partly allowed the appeal filed against judgment of the learned Additional Chief Judicial Magistrate, Kushalgarh, District Banswara, dated 29.06.2007 passed in Cr. Regular Case No.353/2000 and while affirming the conviction of the petitioner for offence under Section 323 IPC , set aside the sentence and instead gave him benefit of probation under Section 4/12 of Probation of Offenders Act.
2. Briefly stated, the prosecution case as set up is that complainant Salaudeen submitted a written report at Police Station Kushalgarh to the effect that on 15.05.1999, Court of Bagidaura sent him in judicial custody at Sub-Jail Kushalgarh.
3. After two days, on the order of release, the Jailer demanded Rs.5,000/- and on not paying the same, he gave beating to the complainant. On the said report, Police registered a case against the accused-petitioner and started investigation.
4. On completion of investigation, the police filed challan against the accused-petitioner. The
The court upheld the conviction under Section 323 IPC but granted probation based on the accused's lack of prior criminal history and retirement status, emphasizing rehabilitation over punishment.
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 court emphasized the reformative purpose of the Probation of Offenders Act, favoring rehabilitation for offenders without prior convictions.
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 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....
The court emphasized rehabilitation over incarceration for first offenders of minor offences, allowing probation as a means to promote reform and prevent association with hardened criminals.
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