State v. Rajendra
Case brief
What is this about?
A criminal appeal under Section 377 Cr.P.C. by the State challenging a Sessions Court judgment that granted probation to a 70-year-old respondent convicted under Sections 332 and 353 IPC. The High Court upheld the trial court's exercise of discretion.
What did the court decide?
The Criminal Appeal was rejected as there was no merit, thereby upholding the lower court's judgment granting probation.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 904 / 2017
State of Rajasthan
----Appellant
Versus
Rajendra Son of Chunni Lal, B/c Jat, Resident of Gajiwala Head, 12 KJD, P.S. Khajuwala, Bikaner.
----Respondent
For Appellant(s) : Mr.OP Rathi, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA Judgment / Order
19/07/2017
By way of this appeal preferred under Section 377 Cr.P.C., the State of Rajasthan has approached this Court in order to challenge the judgment dated 21.12.2016 passed by learned Additional Sessions Judge No.4, Bikaner in Sessions Case No.28/2012 whereby, the learned trial Court while holding the respondent guilty of the offences under Sections 332 and 353 IPC, extended the benefit of probation to him.
Issues for consideration
3 issues framed by the court
Whether the trial court erred in granting probation to the accused respondent under the Probation of Offenders Act given his advanced age.
Whether the appeal by the State challenging the grant of probation has merit.
Whether the conviction under Sections 332 and 353 IPC warranted the grant of probation for a 70-year-old offender.
Parties & counsel
- appellant
State of Rajasthan
- respondent
Rajendra Son of Chunni Lal
Coram
Sandeep Mehta
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CRLA/904/2017
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