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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr Justice Rakesh Kainthla, J
Baljit Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The present revision is directed against the judgment dated 07.03.2024 passed by learned Sessions Judge Una (Learned Appellate Court) in Criminal Appeal No. 34/2023 vide which the judgment of conviction and order of sentence dated 7.2.2023 passed by learned Judicial Magistrate Court, no. 2 Amb, District Una (learned Trial Court) was partly upheld. The petitioner (accused before the learned Trial Court) was convicted of the commission of offences punishable under Sections 341, 323 and 325 of the Indian Penal Code and the matter was remanded to the learned Trial Court for considering the case of the petitioner for granting the probation under Section 4 Probation of Offenders Act. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present revision are that the police presented a challan against the accused for the commission of offences punishable under sections 341, 323, 325, 504 and 506 read with Section 34 of the Indian Penal Code (IPC). Learned Trial Court framed the charges against the accused, recorded the prosecution’s ev
The appellate court erred by remitting the matter for probation instead of granting it directly, as it had the jurisdiction to do so under the law.
An appellate court cannot confirm a conviction and remand solely for sentencing; it must decide the appeal as a whole, including the question of probation.
First-time offenders should be considered for probation during sentencing, emphasizing rehabilitation over punishment.
The appellate court exceeded its jurisdiction by setting aside a lawful conviction and a probation order without statutory justification, leading to manifest prejudice against the accused.
The main legal point established is the application of the Probation of Offenders Act to modify the sentence based on the circumstances of the case.
The court upheld the appellate court's decision to grant probation to convicted offenders based on good conduct and absence of prior convictions, affirming the discretion under the Probation of Offen....
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.
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