Paridhi Arya
Published on April 18, 2022 at 13:16 IST
The Division Bench of Justices S Abdul Nazeer and Vikram Nath passed the Order that Convict should be released under Probation of Offender Act, 1958.
“There is no previous Conviction of the Appellant. Further, Section 11 of 1958 Act provides that an order under this Act may be made by any court empowered to try and sentence the Offender to imprisonment and also by the High Court or any other court when the case comes before it on appeal or in revision. Thus, this Court under the 1958 Act itself can pass an order at this stage,” held by Court.
The Petition was filed by Kunti Kumari, she was charged with Section 504 of Indian Penal Code for abusing a lady of Santhal Tribe with Caste remarks.
A meeting was held where complainant who was president of education committee were giving the packet. Kunti Kumari snatched it and said even dogs will not have the food from your hand.
On August 28, 2010 Trial Court convicted the Petitioner under section 3(i)(x) of Scheduled Castes/Scheduled Tribes Act and section 504 of Indian Penal Code and she was Punished with 10 months simple Imprisonment.
On December 9, 2016 the Jharkhand High Court after hearing an Appeal set aside the Conviction under section 3(i)(x) of Scheduled Castes/Scheduled Tribes Act but upholds the Conviction under Section 504 of Indian Penal Code with 15 days simple Imprisonment.
The Supreme Court noted “Section 3 of the 1958 Act confers power upon the court to release certain Offenders after admonition when a person is found Guilty of having committed an Offence punishable under Section 379 or Section 380 or Section 381 or Section 404 or Section 420 of the Indian Penal Code or any Offence Punishable with Imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code or any other Law, and there is no previous Conviction proved against such Offender,” Order by Court.
Under Section 504 of Indian Penal Code maximum period of Imprisonment prescribed is two years and the Petitioner was first time Convicted and Bench noted these two reasons.
“Considering the Facts of the Case, we deem it appropriate that the Appellant may be released instead of carrying out the sentence after due admonition. Accordingly, agreeing with the Conviction under Section 504 Indian Penal Code, the Appellant is directed to be released after admonition,” Order by Court.