Court : Orissa
Reported in : I(2008)DMC304
..... , learned counsel for the appellants submitted that the sentence of imprisonment passed on them may be reduced to the period already undergone and further prays that the ends of justice would be best served if the probation of offenders act is applied and the offenders are released under the probation of good conduct.18. ..... was concerned, applied section 4 of the probation of offenders act and released him on probation of good conduct.19. ..... commit offences punishable with imprisonment for life or other imprisonment--whoever attempts to commit an offence punishable by this code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provisiom is made by this code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may ..... 'having come to the aforesaid conclusion as noted hereinabove, the trial court thereafter came to hold that the act of taking of acid by the deceased was not on her own sweet will, but being tortured to assault for a fan and due to the use of provocating words by the appellants by asking the deceased to consume acid in course ..... attempt to commit suicide applies to a person who attempts to commit suicide and does any act towards the commission of such offence and section 109 provides for punishment for abetment of any such ..... act, 1958 and is released on probation of good .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ3934
..... in mind all these facts and circumstances, i am not inclined to extend the beneficial provisions of the probation of offenders act to the accused. ..... no direct evidence can be led as to what was the intention of the accused, however, same can be ascertained from the nature of the weapon used, the intention expressed by him at the time of the act, the motive for the crime, the nature and size of the injuries, the seat of assault and the severity of the blow or blows. ..... , (1892) ilr 14 all 38, hon'ble chief justice of allahabad high court observed thus:'the words 'under such circumstances' refer to acts which would introduce a defence to a charge of muders, such as, for instance, that the accused was acting in self-defence or in the course of military duty. ..... what the court is to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the ..... but if you have an act done with a sufficiently guilty intention and knowledge and in circumstances which do not from their nature afford a defence to a charge of murder, and if the act is of such a nature as would have caused death in the usual course of events but for something beyond the accused's control which prevented that result, then it seems to me that the case falls within section ..... depends upon the facts and circumstances of each case to find out whether the accused had the intention to cause death or know, in the circumstances, that his act was going to cause death. .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR402
..... the learned assistant sessions judge, however, found him guilty under section 324, ipc and in view of the gravity of the offence, declined to extend the benefit of the probation of offenders act and consequently sentenced him to undergo rigorous imprisonment for one year. ..... coming to the question of sentence, counsel for the accused contends that since parties are related, to bring about suit between them provisions of the probation of offenders act should be extended to the accused. ..... keeping all these aspects in view, in my opinion it will be a misplaced sympathy if provisions of the probation of offenders act are extended to the accused. .....
Tag this Judgment!Court : Orissa
Reported in : (1999)87CALLT498; 1998CriLJ3029
..... however, at the conclusion of the trial, if the charge against the petitioners will be substantiated at the stage of considering the factum of awarding sentence, petitioners may plead for granting the benefit of the provisions in probation of offenders act and the trial court may consider the same appropriately. .....
Tag this Judgment!Court : Orissa
Reported in : 2005CriLJ2785
..... learned standing counsel opposes to that submission on the ground that provision of probation of offenders' act, 1958 is not in vocable in this case. .....
Tag this Judgment!Court : Orissa
Reported in : 86(1998)CLT685; 1999CriLJ1738
..... in the event of executing the bond in the above manner petitioner shall remain under the supervision of the officer appointed under probation of offenders' act. ..... 1 & 2 he found the offence to have been proved against the petitioner and accordingly convicted him under section 47(f) of the act and sentenced him to undergo imprisonment for six months and to pay a fine of rs. ..... 81/92) for the offence under section 47(f) of the bihar and orissa excise act (in short, 'the act') and the concurring findings of the learned addl. ..... standing counsel, on the other hand, opposed to the aforesaid argument on the ground that the appellate court without indicating good reasons has already reduced the minimum sentence prescribed under section 47 of the act and, therefore, further modification in sentence may not be done.7. ..... in that decision, while upholding the conviction of the petitioner under section 47(a) of the act for possessing 40 litres of i. d. .....
Tag this Judgment!Court : Orissa
Reported in : 1996CriLJ2242
..... the prayer of the learned counsel for the petitioner for extending the benefit of the probation of offenders act, or, for reducing the sentence cannot, under the facts and circumstances of the case, be accepted. ..... that while exercising the revisional power, the revision court can exercise all powers conferred upon a court of appeal but it is equally true that while exercising the revisional jurisdiction, (he revisional court does not act as a second appellate court. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1967Ori54; 1967CriLJ573
..... rao for the petitioner did not challenge the conviction but urged that in view of the coming into force of the probation of offenders act the petitioner may be released under section 4(1) of that act because this was his first offence and moreover the petitioner is a respectable merchant of berhampur town. ..... i think this is a fit case in which section 4(1) of the probation of offenders act can be applied.5. ..... he seems to be a fairly important businessman of berhampur town and there is no danger of his absconding from the jurisdiction of this court, even if he is released on probation under section 4(1) of the probation of offenders act. ..... this is a revision against the appellate judgment of the additional sessions judge of berhampur maintaining the conviction of the petitioner under section 9 (a) of the opium act and the sentence of one year's rigorous imprisonment passed on him by a first class magistrate of berhampur.2. ..... while therefore maintaining the conviction of the petitioner, under section 9(a) of the opium act, i set aside the sentence of imprisonment and, in lieu of the same, i direct that he be released on his entering into a bond for rs. ..... on 25-6-1958 his shop was raided by the excise sub-inspector (p. w. 1) at 10 a, m. .....
Tag this Judgment!Court : Orissa
Reported in : 1997CriLJ1234
..... adinarayana submitted that since the service career of the appellant would be affected, it will be proper for this court to release the appellant under the provisions of probation of offenders act or section 360, cr.p.c. ..... p.w.3 and other witnesses brought the victim lady to the village and in the same night complained of the act committed by the appellant to p.w.5, the block development officer under whom the accused was then serving as a peon. f.i.r. ..... about this act committed by appellant k. ..... has not been able to state anything and the court has recorded that she gave no signs and did not give any reply to the questions.therefore, the prosecution having failed to prove the act of rape by appellant k. .....
Tag this Judgment!Court : Orissa
Reported in : 1998CriLJ293
..... 1 under section 323, ipc and released her under section 4(1)(3) of the probation of offenders act. .....
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