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SANJAY VASHISTH
Rakesh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sanjay Vashisth, J.
This judgment shall dispose of CRA-S-2288-SB-2008 (O&M) and CRR-2444-2009, as they both are interconnected matters and are arising out of the same judgment of conviction dated 12.11.2008 and order of sentence dated 15.11.2008. However, for the sake of convenience, the facts are being extracted from CRA-S-2288-SB-2008.
2. Appellants - Rakesh, Joginder alias Kalu and Rampal, have filed present appeal against the judgment of conviction dated 12.11.2008 and order of sentence dated 15.11.2008, passed by Ld. Additional Sessions Judge (Fast Track Court), Bhiwani, in Sessions Case No.29 of 22.05.2008, Sessions Trial No. 89 of 21.05.2008, arising out of FIR No.206, dated 27.08.2001, under Sections 323 , 325/34 of IPC, registered at Police Station Sadar, Dadri, and Sessions Case No.28 of 22.05.2008, Sessions Trial No.880 of 21.05.2008, arising out of Criminal Complaint filed under Sections 325 /307/397/120-B of IPC and Section 25 of the ARMS ACT .
3. Accused-appellants were held guilty for commission of offences punishable under Sections 323 , 325/34 of IPC, and were ordered to undergo sentence(s), as detailed in the following table:
| Name of Convict(s) | Under S | |||
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....
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....
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....
Courts mandatorily consider probation for eligible offences under three years' imprisonment, recording reasons for denial; long pendency, no antecedents justify reformatory release over punishment.
Appellate courts must extend probation under POA Section 4 to eligible elderly offenders in old minor offence cases despite trial court lapses, mandating reasons under CrPC Section 361 if denied, pri....
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