Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Reduction of sentence - 15 years old boy lost his life due to rash and negligent driving of accused - Accused after causing accident fled from the site and was made to surrender by his commandant more than 3 weeks later - There is thus, no reason to reduce punishment awarded or to..........
Probation of Offenders Act, 1958, Section 12, 4 -- Benefit of S.4 of the Act granted - Plea to grant benefit of S.12 of the Act - When benefit of Ss.3, 4 of the Act is granted to accused, no disqualification could be attached to a conviction by virtue of S.12 of the Act - Accused held, entitled to benefit of S.12 of the Act...........
Probation of Offenders Act, 1958, Section 5 -- Compensation order - Appeal - No appeal lies against compensation order passed u/s 5 of the Act - Appeal dismissed being not maintainable...........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their..........
Probation of Offenders Act, 1958, Section 4 -- Benefit of probation - It is for the Court to decide whether it is expedient to release person on probation of good conduct - Court should be of opinion that circumstance of case including nature of offence and character of offender is required to be taken into consideration while invoking provisions of the Act...........
Probation of Offenders Act, 1958, Section 4(1)(2), Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Application to call report of probation officer - Outraging modesty of woman - Accused sexually assaulted minor girl and outraged her modesty for which he has been tried - Offences committed by accused involves moral..........
Probation of Offenders Act, 1958, Section 4, Arms Act, 1959, Section 25, 27 -- Benefit of probation - Offence u/ss 25, 27 of Arms Act - Incident occurred in 1995 - Accused was a young man aged about 18-19 years old at the time of incident - Subsequent to incident he has not committed any criminal offence and his conduct is very respectful with other people in society -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Knife blow on stomach - Seat of injury in itself is vital and it cannot be said that intention of accused was not cause death - Conviction upheld - Considering nature of injury and looking to seriousness and magnitude of incident, benefit of probation rightly given...........
Indian Penal Code, 1860, Section 325, 323, 34 -- Offence u/ss 325, 323, 34 IPC - Accused along with co-accused appeared on scene and they started beating informant and on alarm being raised, several persons arrived at the spot, whereupon they secured their escape good after threatening informant side - Co-accused died during pendency of appeal - Accused `K' was juvenile in..........
Probation of Offenders Act, 1958, Section 3, 4, 12 -- Probation u/ss 3, 4 of the Act - Accused not to suffer any disqualification, if any, attached to conviction - Trial Court not required to specifically state in the order that petitioners is entitled to benefit of S.12 of the Act...........
