Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360 -- Offence u/s 498-A IPC - Benefit of probation - Domestic dispute between parties wherein accused is alleged to have harassed his wife due to non-satisfaction of demand of dowry - Petition is pending since 2007 and accused was 23 years of age at the time of offence - No evidence that accused..........
Probation of Offenders Act, 1958, Section 4, 5, Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Incident had taken place about 39 years back on the spur of moment - Both the parties are resident of same village and are living peacefully for last 40 years - Considering provisions of Ss.4, 5 of P.O. Act, accused..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Criminal case filed by mother of husband against wife in which wife was been given benefit of Probation of Offenders Act, does not constitute cruelty against husband - Divorce petition rightly dismissed...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 324, 34 -- Benefit of probation - Offence u/ss 324, 34 IPC - Accused are first offenders and aged persons - Appeal against conviction is of the year 1984 - Benefit of probation thus, given to accused...........
Service -- Cancellation of candidature - On the ground of suppression of information regarding registration of criminal cases - Three to four FIRs filed against petitioner culminating into criminal trials and in two cases he has been acquitted on the ground of compromise and in one case though convicted, he has been granted the benefit of Probation of Offenders Act - One..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Benefit of probation - Accused has no criminal antecedents as per material on record - He is entitled to benefit of probation - However while maintaining sentence of accused, he released on probation...........
Criminal Procedure Code, 1973, Section 361, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 34 -- Benefit of probation - No criminal antecedents against accused - Court is inclined to give them benefit of releasing them on probation of good conduct - Accused shall be released on probation of good conduct...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 408, 471 -- Benefit of probation - Offence u/ss 408, 471 IPC - Accused was already acquitted from charge u/s 468 IPC - Maximum punishment prescribed u/s 408 IPC is 7 years and u/s 471 IPC is 2 years - Accused is not having any previous criminal antecedents - Benefit u/s 4 of Probation Act thus,..........
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...........
