Sattan Lal v. State
Case brief
What is this about?
Appeal against conviction for abduction and rape. Conviction upheld. Sentence commuted to probation under Section 4 of the Probation of Offenders Act, 1958 due to first-offender status and 25-year delay.
What did the court decide?
Sentence modified; appellant released on probation for two years with bond and sureties instead of imprisonment.
What the court decided
Neutral Citation No. - 2023:AHC-LKO:53677
Court No. - 15
Case :- CRIMINAL APPEAL No. - 537 of 2002
Appellant :- Sattan Lal Respondent :- State Counsel for Appellant :- B.N.Tewari,M.K.Singh,Santosh Srivastava Counsel for Respondent :- Government Advocate
Hon'ble Shamim Ahmed,J.
- List of cases has been revised and the case is being taken up in the revised call for hearing.
- Heard learned counsel for the parties.
- The instant Criminal Appeal under Section 374 Cr.P.C. has been moved on behalf of the appellant, against the order dated 03.04.2002 passed by learned Additional Sessions Judge / F.T.C. 28, Barabanki in Sessions Trial No.683 of 1998, Crime No.77 of 1998, Police Station Ram Nagar, District Barabanki, convicting and sentencing the appellant for four years rigorous imprisonment alongwith fine of Rs.1,000/- under Section 363 I.P.C., five years rigorous imprisonment alongwith fine of Rs.2,000/- under Section 366 I.P.C. and seven years rigorous imprisonment alongwith fine of Rs.3,000/- under Section 376 I.P.C. with default stipulation.
- The prosecution case in brief is that the complainant's daughter who was aged about 12 years went to defecate on 19.03.1998 at about 08:00 P.M., however, she did not return back. During her search, the complainant got information that the accused persons were also missing and thereafter, he came to know that accused persons have enticed his daughter and had took her away alongwith them.
Issues for consideration
3 issues framed by the court
Whether the appellant is eligible for the benefit of probation under Section 4 of the Probation of Offenders Act, 1958 despite the gravity of offences involving abduction and sexual assault.
Whether the long delay of 25 years in the trial and the appellant's status as a first-time offender warrant the grant of probation.
How to modify the conviction sentence by granting probation while maintaining the fiendish nature of the crimes.
Parties & counsel
- appellant
Sattan Lal
- respondent
State
Coram
Shamim Ahmed
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- CRLA/537/2002
Similar cases
Judgements on the same questions, provisions and authorities, from every court