Team  SoOLEGAL

SUPREME COURT ON BENEFIT OF PROBATION

Team SoOLEGAL 29 Mar 2019 3:18pm

SUPREME COURT ON BENEFIT OF PROBATION

Supreme Court bench comprising of Justice L. Nageswara Rao and Justice MR Shah considered an appeal which was filed against the order of High Court invoking Section 4 of the Probation of Offenders Act on the ground that the incident took place about 23-1/2 years ago and no useful purpose will be served by sending the accused to jail at that stage.

The crime relates to an incident which took place on 19th November, 1985. The convict was sentenced to undergo imprisonment for 5 years under Section 326 r/w Section 149 IPC, two years under Section 325 r/w Section 149 IPC, 6 months under Section 148 IPC and 3 months under Section 323 read with Section 149 IPC.

The earlier order of the High Court in this case compounding the offence (under Section 360 CrPC) was set aside by the Supreme Court and on remand the above order was passed. 
The Supreme Court has recently observed that the benefit of Probation of Offenders Act cannot be extended to an accused convicted for an offence punishable with life imprisonment. 

However, a number of factors were also looked upon by the Court like the passage of time from the date of the incident, the age and health condition of the respondents. The Apex Court sentenced the accused till the rising of Court. The amount of compensation was also modified from Rs.75,000/- to Rs.5 Lakhs.



Tagged: SupremeCourt   ProbationOfOffendersAct   BenefitOfProbation  
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