PATHANI PARIDA Vs. ABHAYA KUMAR JAGADEV MOHAPATRA

JUDGEMENT

(1.) THIS revision is directed against the Judgment dated 9.4.1998 passed by Learned Sessions Judge, Khurda, Bhubaneswar in Crl. Appeal No. 91 of 1997 confirming the Judgment dated 23.8.1997 passed by Learned JMFC, Bhubaneswar in ICC Case No.2 of 1994/ T.R. No. 127/95, whereby the Petitioners were convicted under Sections 448/506/294/34, IPC, and sentenced to undergo rigorous imprisonment for three months for the offence under Section 448/ 34, IPC and one year for the offence under Section 506/34, IPC and fifteen days for the offence under Section 294/34, IPC. The sentence were directed to run concurrently.

(2.) SINCE the facts of the case have been recapitulated by the Courts below in detail in the Judgments passed by them, therefore, in over to avoid repetition, the same are not being reproduced herein.

(3.) LEARNED Counsel appearing for the Petitioners has submitted that the offence was committed on 20.12.1993 and more than 17 years have elapsed in the meantime and they being the first offenders and no previous conviction is made out against them, they be released on probation under Section 4 of the Probation of Offender Act, 1958. He further submitted that there is nothing against their character and antecedents on the record; and that are family men and were on bail throughout during the trial and first Appellate stage. The Courts below did not give them the benefit of probation.