Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 323 -- Benefit of probation - Offence u/s 323 IPC - Accused convicted only u/s 323 IPC and acquitted under remaining offence - There is no criminal history alleged against accused - Accused is a farmer and belongs to a very humble and village..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - Distinction between S.360 Cr.P.C and provisions under 1958 Act - Court is required to seek report from Probation Officer under 1958 Act before allowing an offender benefit of probation apart from satisfying other conditions - Whereas, there is no such..........
Criminal Procedure Code, 1973, Section 360 -- Benefit of probation - Provision of S.360 Cr.P.C is in addition to provisions of 1958 Act or Children Act or any other law for the time being in force for treatment, training or rehabilitation of youthful offenders...........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 325, 34 -- Benefit of probation - Offence u/ss 325, 34 IPC - Offence u/s 325 IPC is punishable for a term which may extend to seven years - Sentence imposed upon accused is of 1 year - Finding of High Court that S.360 Cr.P.C shall not have any application is misreading of bare provisions of Cr.P.C..........
Indian Penal Code, 1860, Section 354, 294, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 - - Offence u/ss 354, 294 IPC - Admittedly, petitioner at the time of commission of offence was 24 years old and for a period of 11 years has suffered travails of trial and conviction - Even, offences for which petitioner has been convicted are..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Criminal Procedure Code, 1973, Section 360, Essential Commodities Act, 1955, Section 7 -- Probation - Offence u/s 7 of 1955 Act - Accused are first offenders and having no criminal antecedents - Therefore, accused be dealt u/s 360 Cr.P.C. - Ends of justice will be served by granting benefit of probation...........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Probation - Accused `R' was 18 years of age at time of incident, therefore, trial Court committed no error in extending benefit of probation to accused `R' - Whereas other accused are concerned, they were not below 21 years of age at time of incident and after considering..........
Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360 -- Release of offender - Legality of order - Before releasing accused on probation, Court required to get and consider report of probation officer concerned - Considering the nature and character, present case is not a fit case u/s 360 Cr.P.C. - More so, subsequent release on probation..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 489C -- Probation - Offence u/s 489-C IPC - Benefit of probation cannot be granted for offence u/s 489-C IPC...........
