Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Report of Legal and Probation Officer shows that socio economic condition of juvenile is not good and during enquiry it was found that alleged offence has been committed under influence of his company - However, neither report of Legal and Probation Officer nor State counsel has..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15 -- Expert - Probation Officer - Probation Officers are such professionals who on daily basis work with children in difficult circumstances, hence a Probation Officer fits the bill of `other experts' as provided u/s 15 of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15 -- Preliminary assessment - Report by Probation Officer was considered to be a relevant feedback for obtaining preliminary assessment as per S.15 of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(3) -- Juvenile - Accused is decidedly above 16 years of age which has not been controverted and offence for which he is accused of, is a heinous offence as per S.2(33) of JJ Act - Board by way of extra caution, did not totally bank upon Probation Officer's report but has individually prepared a..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 452, 354 -- Benefit of probation - Offence u/ss 452, 354 IPC - Case registered against accused about 28 years ago - Accused convicted in Jan 2000 - Conviction against accused neither involved life sentence nor punishable more than 7 years imprisonment - Accused remained in detention for about 12..........
Criminal Procedure Code, 1973, Section 360, 361, Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - If Court chooses not to apply either of S.360 Cr.P.C or Ss.3, 4 of P.O. Act, it is required to give special reasons for not applying beneficial provision in case accused offender otherwise, is eligible for said provisions...........
Probation of Offenders Act, 1958, Section 3, 4, Arms Act, 1959, Section 25, 4 -- Benefit of probation - Offence u/ss 25, 4 of Arms Act - Accused has no criminal antecedent and is the first offender - Benefit of S.4 of P.O. Act granted to accused...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304(Part II) -- Benefit of probation - Offence u/s 304(Part II) IPC - Accused has no criminal antecedents and is first offender - He has statutory right for claiming benefit of beneficial legislation and Trial Court was under a duty to consider applicability of S.360 Cr.P.C or S.4 of P.O Act -..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Benefit of probation - Accident - Rash and negligent driving - Accused is a lady having two children - She is not involved in any other case except this - Litigation has been going on for more than 7 years - Keeping in view nature of..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 354, 452, 506 -- Benefit of probation - Outraging modesty of woman - Accused was less than 21 years of age on the date of occurrence and as on date 14 years have passed since his conviction and no other criminal case has been registered against him - Benefit of probation thus, extended to accused..........
