Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Babu Lal, S/o Rampratap – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
ARUN MONGA, J.
1. These two appeals arise out of the same judgment/order dated 23.10.1996 passed by the learned Additional Sessions Judge No. 1, Bikaner and are being decided by the instant common order. Vide impugned judgment, the learned trial Judge convicted and sentenced the appellants for offences under Sections 324, 149, 147 and 452 of IPC. Section 307 of IPC was also initially invoked, but was dropped later on.
2. Relevant facts are as under:
2.1 On the night between 19.03.1992 and 20.03.1992, complainant Jamila, her husband Jamaldin and their three sons (including Rafiq) were sleeping at their house in Mohalla Madha Ram colony, Bikaner. At about 3-00 AM, their door was knocked from outside. Jamaldin switched on the room light and enquired who was knocking at the door. Upon this, he was asked to first open the door and would then know who they were. As Jamaldin did not open the door, it was forced open from outside. Five men, namely Babu Lal, with a razor, Jeth Mal holding a chain in their respective in his hands, Hari Shankar, Rajoo (Rajinder) son of Anna Ram and Raj Kumar son of Ram Chander (the appellants herein) barged into the room and started manhandling and bea
The absence of articulated motive does not invalidate witness testimony when supported by reliable evidence; courts must consider reformative sentencing provisions for young, first-time offenders, ne....
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....
The main legal point established in the judgment is the application of the Probation of Offenders Act and the discretion of the court to provide the benefit of probation based on the nature of the of....
The Court emphasized the reformative purpose of the Probation of Offenders Act, allowing convicted individuals to benefit from probation over imprisonment due to the long delay in proceedings and lac....
(1) Fine is not an alternative to imprisonment.(2) Benefit of probation – If Section 360, Cr.P.C. were not applicable in a particular case, there is no reason why Section 4 of Probation Act would not....
In cases of minor offenses with no criminal antecedents, courts may prioritize rehabilitation over punishment and grant probation under the Probation of Offenders Act, especially when significant tim....
Courts mandatorily consider probation for eligible offences under three years' imprisonment, recording reasons for denial; long pendency, no antecedents justify reformatory release over punishment.
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
