Delve into the nuanced legal analysis of a recent criminal case focused on sentencing and probation. Discover how the court navigated the appellant’s plea for release under the Probation of Offenders Act, 1958, shedding light on the judicial interpretation of relevant laws and precedents.
Facts
- The appellant snatched the meal packet from the complainant’s hands and verbally abused her regarding her community
- The appellant insulted the complainant by stating that she belonged to a low caste known for consuming meat of pig, cow, and even dog
- The appellant referred to the complainant by her tribal name ‘Santhal’ in a derogatory manner
- The appellant left the school premises after the incident
- The appellant was convicted under Section 504 IPC and Section 3(i)(x) of the SC/ST Act by the trial court
- Conviction under Section 504 IPC upheld
- Sentence reduced to 15 days simple imprisonment
- Finding of conviction under Section 504 IPC by Trial Court and High Court upheld
- High Court set aside conviction and sentence under Section 3(i)(x) of SC/ST Act
Also Read: Balancing Private Grievances and Public Interests
Analysis
- The appeal is being considered on the issue of sentence and not the evidence.
- The amount in question is directed to be transferred to the complainant.
- The Court can pass orders under the 1958 Act.
- The appellant seeks the benefit of the Probation of Offenders Act, 1958.
- The conviction is confirmed without delving into the appreciation of evidence.
- Offenders found guilty of specific offences under the Indian Penal Code are eligible for release after admonition under Section 3 of the 1958 Act.
- The offences eligible for release include those punishable under Section 379, Section 380, Section 381, Section 404, or Section 420 of the Indian Penal Code, with imprisonment for not more than two years, or with fine, or with both.
- In this case, the appellant was convicted under Section 504 IPC with a maximum sentence of two years, and there is no previous conviction against the appellant.
- Section 11 of the 1958 Act authorizes any court empowered to try and sentence offenders to make orders under this Act, including the High Court or any other court in the case of appeal or revision.
- Appellant’s release deemed appropriate instead of carrying out the sentence.
- Due admonition to be provided.
Also Read: Quashing of Criminal Proceedings Based on Insufficient Allegations
Decision
- The appellant was directed to deposit a sum of Rs.10,000 with the registry of the Court as per the order dated 05.07.2021
- Conviction under Section 504 IPC was upheld, and the appellant was directed to be released after admonition under Section 3 of the 1958 Act
- No proof of payment of the earlier directed sum of Rs.10,000 was filed by the appellant
- The sentence was modified and the appeal was allowed because of non-payment of the said amount
- The appellant eventually deposited Rs.10,000 with the Registry as per the Office Report dated 24.03.2022
Also Read: Reversal of Acquittal: High Court Convicts Accused in Murder Case
Case Title: KUNTI KUMARI Vs. THE STATE OF JHARKHAND (2022 INSC 407)
Case Number: Crl.A. No.-000590-000590 / 2022
