The court emphasized the rehabilitative purpose of the Probation of Offenders Act, allowing probation for offenders with no prior criminal record, particularly considering age and circumstances.

JUDGMENT :

1. Instant criminal appeal under Section 374 Cr.P.C. has been filed by the appellants challenging the judgment dated 21.11.2014 passed by learned Addl. Sessions Judge, Prevention of Women Atrocities, Jodhpur Metropolitan, in Sessions Case No.89/2013 by which the learned trial court convicted the appellants for offence under Section 498A IPC and sentenced them to undergo three years SI along with fine of Rs.5,000/- and in default of payment of fine to further undergo two months SI.

2. Brief facts of the case are that on 09.12.2010, complainant Santosh Kumar submitted a first information report at Police Station Soorsagar to the effect that two years ago, marriage of his sister Akta was solemnized with appellant No.1 Ramswaroop. After the marriage, the accused-appellants started harassing the complainant’s sister for bringing less dowry. The complainant further alleged that on 09.12.2010, the accused appellants murdered his sister Akta for dowry. On the said complaint, Police registered an FIR against the accused appellants and started investigation.

3. On completion of investigation, the police filed the challan for offence under Sections 304B & 498A IPC. Thereafter, the trial court framed the charge against the accused-appellants, who denied the charges and claimed trial.

4. During the course of trial, the prosecution examined as many as sixteen witnesses and also exhibited certain documents. Thereafter, statements of the accused-appellants were recorded under section 313 Cr.P.C. In defence, three witnesses were produced by the appellants.

5. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 21.11.2014 convicted and sentenced the accused-appellants for offence under Section 498A of IPC.

6. Hence, this criminal appeal.

7. Learned Public Prosecutor has submitted a custody report dated 04.11.2022 received from the Central Jail, Jodhpur, according to which, the appellant No.1 Ramswaroop has already served total sentence of three years and has been released from jail. The said report is hereby taken on record.

8. Since the appellant No.1 has already served the total sentence of three years and has already been released from jail, therefore, the criminal appeal qua appellant No.1 Ramswaroop is dismissed.

9. So far as appellant No.2 is concerned, counsel submits that she is a lady, aged about 75 years and she remained in custody for some time and she has no other criminal antecedents and she has been sentenced to three years imprisonment for offence under Section 498A IPC, therefore, appellant No.2 may be granted benefit of Section 4 of the Probation of Offenders Act, 1958. To buttress his contentions, counsel has relied upon the judgment of this Court in the case of Dalla Ram & Ors. Vs. State of Rajasthan, 2022 (2) Cri. LR (Raj.).

10. Learned counsel for the accused-appellants however, makes a limited prayer that the accused-appellant No.2 may be granted benefit under Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act'):

"4. Power of court to release certain offenders on probation of good conduct:-

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour:

Provided that the court shall not direct such release of an offender unless it is satisfied that t