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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Bhaskar Mandal – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. appeal outcomes and modifications of conviction. (Para 1 , 2 , 3 , 5 , 6) |
| 2. complete denial of the defence. (Para 4) |
| 3. abatement of revision against deceased petitioner. (Para 7 , 8) |
| 4. contentions regarding evidence appreciation. (Para 9 , 10) |
| 5. no perversity found in evidence appreciation. (Para 11) |
| 6. request for probation based on age and behavior. (Para 12 , 13) |
| 7. court's decision on probation benefit. (Para 14 , 15) |
| 8. final disposition of the criminal revision. (Para 16 , 17 , 19 , 20) |
JUDGMENT :
V. Narasingh, J.
Heard learned counsel for the Petitioners and learned counsel for the State.
1. This Criminal Revision has been filed assailing the judgment dated 18.09.2001 passed by the learned Sessions Judge, Keonjhar in Criminal Appeal No.75 of 1995, whereby the appeal was partly allowed and the order of conviction qua the Petitioner dated 27.11.1995 passed by the learned J.M.F.C., Anandapur in G.R. Case No.162 of 1991 (Trial Case No.534 of 1993) under Sections 148 /326/324/323/149 IPC was modified. By the said judgment, the learned Appellate Court set aside the conviction under Sections 323 /149 of Balaram Mandal, Panchanan Muduli, Madhusudan Mendal and Bhaskar M
Convicted individuals may be granted probation under the Probation of Offenders Act based on age, societal integration, and absence of further criminal activity.
The Court held that it was appropriate to grant probation to the convicted individuals based on their long-standing conduct and the nature of the offenses under the Probation of Offenders Act, 1958.
The court upheld the conviction under IPC but granted probation due to the petitioner's status as a first-time offender, emphasizing the need for leniency in sentencing.
The appellate court affirmed the trial court's conviction, emphasizing limited scrutiny of evidential assessments, and extended probation based on the Petitioners' ages and lack of subsequent offense....
Probation may be granted under the Probation of Offenders Act considering age and lack of criminal history despite prior convictions for violent offenses.
The court upheld the trial court's convictions for outraging modesty and arson, confirming that decisions on evidence were sound and legal.
The main legal point established in the judgment is the reliance on reliable evidence, consideration of the circumstances, and the imposition of appropriate sentences and fines.
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