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MANISHA BATRA
Hari Kishan @ Rana – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mrs. Manisha Batra, J.
The instant revision petition has been filed challenging the judgment of conviction and order on quantum of sentence, both dated 29.09.2017, passed by the Court of learned Judicial Magistrate First Class, Faridabad (hereinafter referred to as ‘learned trial Court’) in Criminal Case No. 55, titled as State vs. Hari Kishan @ Rana , arising out of FIR No. 502 dated 10.11.2014, registered under Sections 323 and 324 of IPC at Police Station Mujessar, Faridabad, whereby the petitioner was held guilty for commission of aforementioned offences and was sentenced to undergo maximum rigorous imprisonment for a period of 06 months with default clause. The petitioner has also challenged the judgment dated 06.03.2018, passed by the Court of learned Sessions Judge, Faridabad (hereinafter referred to as ‘learned appellate Court’) in Criminal Appeal No. 1019 of 2017, titled as Hari Kishan @ Rana vs. State of Haryana , whereby while upholding the judgment of conviction and order on quantum of sentence, as passed by the learned trial Court, the appeal of the petitioner was dismissed.
2. After arguing for some time, learned counsel for the petitioner did not press the
The court emphasized rehabilitation over incarceration for first offenders of minor offences, allowing probation as a means to promote reform and prevent association with hardened criminals.
The court emphasized that first-time offenders should be granted probation to facilitate rehabilitation instead of incarceration, acknowledging the benefits of reformative justice.
Probation is granted to first offenders to promote rehabilitation and avoid further criminalization.
The court emphasizes the rehabilitation of first offenders through probation rather than imprisonment, aligning with the objectives of the Probation of Offenders Act.
The central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under Section 4 of the Probation of Offenders Act, 1958, based on the absence of crimin....
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The court emphasized the reformative purpose of the Probation of Offenders Act, favoring rehabilitation for offenders without prior convictions.
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