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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Sukhwinder Kaur – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. detailing the conviction and circumstances of the petitioner. (Para 1 , 3) |
| 2. probation act's focus on reforming young offenders. (Para 5 , 6 , 9) |
| 3. arguments regarding non-imprisonment of first-time minor offenders. (Para 8 , 10 , 11) |
| 4. final modifications to the sentence including probation. (Para 12 , 13) |
JUDGMENT :
1. The instant revision petition has been filed by the petitioner challenging the judgment of conviction and order on quantum of sentence, both dated 30.10.2019, passed by the Court of learned Judicial Magistrate First Class, Budhlada (hereinafter referred to as ‘the trial Court’) in case titled as State vs. Balvir Singh and others, arising out of FIR No. 23 dated 27.04.2016, registered under Sections 148, 325, 323, 427 and 149 of IPC at Police Station Bareta, whereby the petitioner had been held guilty and convicted under Sections 148 and 323 of IPC read with Section 149 of IPC and was sentenced to undergo rigorous imprisonment for a period of maximum one year along with default clause of fine, and also against the judgment dated 02.07.2025 passed by the learned Additional Sessions Judge, Mansa (hereinafter referred to as ‘appellate Court’), whereby
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 court emphasized that first-time offenders should be granted probation to facilitate rehabilitation instead of incarceration, acknowledging the benefits of reformative justice.
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 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 emphasized the reformative purpose of the Probation of Offenders Act, favoring rehabilitation for offenders without prior convictions.
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
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