Benefit Of Probation Can't Be Extended To An Accused Convicted For An Offence Punishable With Life Imprisonment: SC [Read Order]

The bench comprising Justice L. Nageswara Rao and Justice MR Shah was considering an appeal against High Court order which invoked Section 4 of the Probation of Offenders Act on the ground that the incident took place about 23-1/2 years ago and no useful purpose will be served by sending the accused to jail at that stage. The earlier order of the High Court in this case compounding the offence (under Section 360 CrPC) was set aside by the Supreme Court and on remand the above order was passed.

The crime pertains to an incident took place on 19th November, 1985. The Trial Court had convicted the accused and sentenced them to undergo imprisonment for five years under Section 326 r/w Section 149 IPC, two years under Section 325 r/w Section 149 IPC, six months under Section 148 IPC and three months under Section 323 read with Section 149 IPC.

In the appeal filed by the complainant and state, the bench observed:

"There is no dispute that an offence under Section 326 IPC which carries a sentence of life imprisonment cannot be compounded either under Section 360 Cr.P.C. or under Section 4 of the Act. In view of the observations made by this Court when the matter was remitted back, the High Court ought not to have applied the Act in view of the settled law."

However, the bench took note of the factors like the passage of time from the date of the incident, the age and health condition of the respondents, and sentenced the accused till the rising of Court. The amount of compensation was enhanced from Rs.75, 000/- to Rs.5 Lakhs.

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