Assam: Gauhati HC Sets Aside Lower Court Conviction under Probation of Offenders Act

Staff Reporter

GUWAHATI: The bench of Justice Arun Dev Choudhury of the Gauhati High Court set aside the conviction pronounced by a trial court and gave the accused petitioner (criminal review petition 331/2013) the benefit of provisions of the Probation of Offenders Act, 1958.

The Probation of Offenders Act, 1958 is an act that aims to reform offenders by giving them a second chance and an opportunity to avoid jail time. The act's main objective is to rehabilitate offenders and prevent them from becoming hardened criminals.

In the case in hand, the offence was committed by an NF Railway employee on February 11, 2008. The nature of the offence relating to the payment of Mohr by the accused cannot also be said to be heinous.

The victim and the accused got remarried. The accused has also offered the Mohr, paid the maintenance awarded, and the wife has also withdrawn the maintenance case, and in view of the aforesaid, in the considered opinion of this court, this is a fit case where the benefit of the provisions of the Probation of Offenders Act, 1958, should be given to the accused petitioner by this court in exercise of its revisional power.

Accordingly, the bench directed that the petitioner will file two sureties to the tune of Rs. 20,000 along with a personal bond before the learnt trial court, i.e., the learned Judicial Magistrate 1st Class, Rangia, and undertake to the effect that the petitioner shall maintain peace and good behaviour during the period of one year from today. The aforesaid bond be filed by the petitioner within a period of two months from the date of this judgement.

In the given facts of the present case, this court is also of the opinion that the petitioner be given the benefit of Section 12 of the Act, 1958, and conviction should not affect his service/pensionary benefit.

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