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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Bhaskar Mandal – Appellant
Versus
State of Odisha – Respondent
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 Mandal, but found them guilty of the offences under Sections 324 /34 and sentenced them to undergo R.I. for one year. The accused Jayant Mandal, having been found guilty under Section 326 , was sentenced to undergo R.I. for two years, reducing the same from three years, and to pay a fine of Rs.1,000/-.In default to undergo R.I. for six months.
2. It is the case of the prosecution that on 25.05.1991 at about 8:00 A.M. at village Kaniari, while the Petitioner Bhaskar Mandal along with his sons and labourers w
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.
The court has the discretion to modify sentences by imposing fines and remitting a portion of the fine amount to the injured victims as victim compensation based on the nature and gravity of the offe....
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