Convict being sole bread-earner of family valid consideration to grant benefit of probation

Delhi High Court: A Single Judge Bench comprising of Sunil Gaur, J. disposed of a criminal revision petition by granting the benefit of probation to the petitioner while upholding his conviction.

The petitioner was convicted for offences punishable under Sections 323, 325 and 34 IPC. He was sentenced by the trial court to undergo simple imprisonment for 3 years along with fine of Rs 5000. Appellate Court maintained the conviction of the petitioner but reduced the sentence to rigorous imprisonment for 1 year with fine of Rs 1000. Aggrieved thereby, the petitioner preferred the present petition.

The petitioner was represented by Humza Islam, Khalid Akhtar and Mohd. Shadam, Advocates. They referred to lacunae evidence of complainant party and other evidence on record. Submissions were that the petitioner was a teenager at the time of the incident, he faced agony of trial for more than 10 years, there was no previous conviction to his discredit, etc.

The High Court, on considering the matter, found that there was no basis to interfere with the concurrent finding of the courts below regarding conviction of the petitioner. However, on aspect of the sentence, the Court was of the opinion that the appellate court ought to have considered petitioner’s case for grant of probation. In light of submissions made on behalf of the petitioners as aforesaid along with the fact that the petitioner was the sole bread-earner of his family, the Court set aside the sentence imposed on the petitioner while upholding the conviction. The petitioner was granted benefit of probation and was directed to be released forthwith if not wanted in any other case. [Nazim v. State, 2018 SCC OnLine Del 13187, Order dated 21-12-2018]

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