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PANKAJ PUROHIT
Prem Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Pankaj Purohit, J.) :
Heard learned counsel for the parties.
2. The present criminal revision preferred under Section 397 r/w 401 of Cr.P.C. 1973 (hereinafter referred to as Cr.P.C.) is directed against the judgment and order dated 27.06.2013, passed by learned Sessions Judge, Rudraprayag in Criminal Appeal No.19 of 2010, Prem Singh Vs. State of Uttarakhand, whereby the said court has dismissed the appeal and affirmed the judgment and order dated 20.09.2010, passed by learned Judicial Magistrate, Rudraprayag in Criminal Case No. 97 of 2010, State Vs. Prem Singh.
3. In a nut-shell, case of the prosecution is that the then Secretary, Shadhan Sahkari Samiti, Ratura, District Rudraprayag, the revisionist being posted in the aforesaid capacity by making interpolation in records has embezzled an amount of Rs.47,643.16/-. In respect of the aforesaid embezzlement and criminal breach of trust, the Member Secretary of the Committee directed to lodge an FIR against the revisionist. Accordingly, an FIR was registered against the revisionist under Sections 408, 467 and 468 IPC and on completion of investigation a charge-sheet was submitted against the revisionist under the aforesaid s
The court established that first-time offenders may be granted probation under the Probation of Offenders Act, emphasizing rehabilitation over incarceration.
The main legal point established in the judgment is the application of the Probation of Offenders Act, 1958 to release the accused on probation based on the nature of the offence, the character of th....
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 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 held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The main legal point established is the application of the Probation of Offenders Act to modify the sentence based on the circumstances of the case.
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