Back
SUBHASH VIDYARTHI
Rasheed Ahmed – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Home, Lko. – Respondent
JUDGMENT :
1. By means of the instant criminal revision filed under Section 397/401 Cr.P.C. the revisionist has challenged the validity of the judgment and order dated 05.11.2020, passed by the learned Chief Judicial Magistrate, Faizabad in Criminal Case No.11109 of 2018 arising out of Case Crime No.52 of 2018, under Section 13 of the Gambling Act, Police Station Kotwali Rudauli, District Faizabad, whereby the revisionist has been convicted for the aforesaid offence on the basis of his confession and has been sentenced to pay a fine of Rs.100/- and to remain in custody till the rising of the Court, only to the extent that it denies the benefit of Probation of Offenders Act, 1958 to the revisionist.
2. Sri. Amit Chaudhry, the learned counsel for the revisionist has submitted that the revisionist has no criminal history and, therefore, he was entitled to be granted benefit of provisions of Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as the ‘Act of 1958’). In that case the revisionist would be entitled to the benefit of Section 12 of the Act, 1958, which provides that a person found guilty of the offence and dealt with under the provisions of Section 3/4 o
The court emphasized the need for a valid confession and the obligation of the court to ensure no injustice is caused and equal protection of laws is provided.
In cases involving first-time offenders, courts must mandatorily consider the applicability of probation laws. While statutory presumptions in special statutes support conviction, sentencing should p....
The main legal point established is the discretionary nature of the power to grant probation, considering the nature of the offence and the character of the offender, and the applicability of probati....
The court applied the Probation of Offenders Act, 1958 to release the first-time offender on probation, considering the nature of the offence and the character of the offender.
The court established that first-time offenders may be granted probation under the Probation of Offenders Act, emphasizing rehabilitation over incarceration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
