Probation for first-time offenders emphasizes reformation over punishment, considering conduct and mitigating circumstances, supported by statutory discretion.

JUDGMENT :

Harpreet Singh Brar, J.

CRM-41905-2022

This is an application for condonation of delay of 56 days in filing the present revision petition.

For the reasons stated in the application, the same is allowed and delay of 56 days in filing the present revision petition stands condoned.

MAIN CASE

1. The present revision petition has been filed against the impugned judgment dated 24.12.2021 passed by learned Sessions Judge, Panipat, whereby judgment of conviction dated 16.11.2018 and order of sentence dated 17.11.2018 passed by learned Judicial Magistrate Ist Class, Panipat have been partly allowed and respondent No.2/accused has been acquitted under Section 325 IPC and under Section 323 IPC, he has been released on probation for one year.

2. Shorn of unncessary details, prosecution version is that complainant Rajbir Singh S/o Duli Chand (petitioner herein) was going to his old village namely Kutani on 29.09.2012 for some work. When he reached Devi Mandir at about 3:30 PM, he sat in the park where other persons were also present. At that moment, 3-4 persons came running towards him armed with sariva & dandas and attacked him on both his legs. When he cried for help, other persons also came there. His assailants said that they would teach complainant a lesson for eve-teasing girls. Complainant lost consciousness because of the injuries and unknown persons took him to General Hospital, Panipat. When he came to his senses, he found his mobile phone make Nokia containing SIM nos. 9416253084 & 9996026084 and purse containing Rs.5,500/- cash, ATM card & Driving License missing. On the basis of the statement, FIR (supra) was got registered.

3. On assessing all the material available on the record, the learned trial Court convicted and sentenced the private respondent-accused vide judgment dated 16.11.2018 and order of sentence dated 17.11.2018 for commission of offences under Sections 323 /325 IPC. Aggrieved by the same, accused/respondent No.2 preferred an appeal before the learned lower Appellate Court which was partly allowed and he was acquitted under Section 325 IPC and released on probation for one year under Section 323 IPC with the condition that the accused/respondent No.2 shall deposit an amount of Rs.40,000/- as compensation to be deposited before the learned trial Magistrate, under the head of the Government Treasury. The said amount was ordered to be disbursed to injured-Rajbir, who sustained injuries at the hands of respondent No.2.

4. Learned counsel for the petitioner contends that the learned lower Appellate Court fell into error by releasing respondent No.2/accused on probation as the same is based on untenable grounds. The charges against him stand duly proven by all the prosecution witnesses and the learned trial Court has rightly convicted and sentenced the accused. As such, the learned lower Appellate Court ought not to have acquitted and granted the benefit of probation to him.

5. Having heard the learned counsel for the parties and after perusing the record with their able assistance, it transpires that the accused/respondent No.2 has maintained good conduct and does not have criminal antecedents. The theory of reformation and rehabilitation aims at separating the criminal from the crime and compels us to look beyond the one fateful act committed by him. In a civilised society like ours, it would be truly unfortunate if an offender is not given the opportunity to realise and fully fathom his mistake and channel that awareness into making fruitful contributions in society. A Co-ordinate bench of this Court in Nasri v. State of Haryana 2023(2) Law Herald (P&H) 2203, speaking through Justice Arun Monga, made the following observations:

“11.2. Objectives and principles of cr