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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH, J
State of H.P. – Appellant
Versus
Rajika Gupta – Respondent
| Table of Content |
|---|
| 1. accused convicted under ipc 279,337,304a; appellate probation granted. (Para 1 , 2 , 3 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. state challenges probation citing sc precedents and accident rise. (Para 4 , 11 , 12 , 13) |
| 3. probation prohibited for section 304a per supreme court rulings. (Para 14 , 15 , 16 , 17 , 18) |
| 4. conflicting precedent not binding; reasons must fit po act. (Para 19 , 20 , 21) |
| 5. set aside order; remand for fresh appeal adjudication. (Para 22 , 23 , 24 , 25) |
JUDGMENT :
VIRENDER SINGH, J.
1. The State of Himachal Pradesh has filed the present Criminal Appeal, under Section 11(2) of the Probation of Offenders Act, 1958, against the judgment dated 07.05.2024 passed by the Court of learned Additional Sessions Judge(II), Kangra, at Dharamshala, District Kangra, H.P., (hereinafter referred to as the ‘learned Appellate Court’) in Criminal Appeal No. 20-D/X/2022, titled as Rajika Gupta vs. State of Himachal Pradesh .
2. By way of the impugned judgment, the judgment of conviction dated 18.11.2022 passed by the Court of learned Additional Chief Judicial Magistrate, Kangra, District Kangra, H.P., (hereinafter referred to as the ‘learned trial Court’), in Criminal Case Regi
Probation benefits under Section 3 of Probation of Offenders Act cannot extend to convictions under IPC Section 304A for death by rash/negligent driving, emphasizing deterrence amid rising road accid....
Convictions under Section 304-A IPC may permit probation for first-time offenders, balancing justice and rehabilitation, especially in negligence-based cases lacking mens rea.
The court emphasized the necessity for trial courts to consider the application of probation laws for first-time offenders and the requirement to provide reasons for not applying such provisions.
The court emphasized the necessity of considering probation for first-time offenders and the requirement for special reasons when denying such benefits, particularly under the Probation of Offenders ....
The court upheld the conviction for negligent driving under Section 304-A IPC, applying the doctrine of res ipsa loquitur, while extending probation due to the petitioner's youth and lack of prior of....
First offender convicted of rash driving causing hurt (no death) released on probation balancing deterrence against good conduct, family needs, reformatory justice, despite general Supreme Court caut....
Revisional court cannot reappraise evidence unless perverse; wrong-side driving at high speed is negligent causing hurt under IPC 279/337/338; probation denied in road injury cases for deterrence.
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