Criminal Revision Petition No. 3380 of 2007 · Kerala High Court · 2007
Case at a glance
Outcome
Disposed of
This Revision is disposed of as above
Provisions considered
Key paragraphs
- Para 33. The revision petitioner was aged 20 years on the date of Crl.R.P. 3380 of 2007-:2:-occurrence. He was, therefore, entitled to be either released on probation or liable to be admonished under the provisions of the Probation of Offenders Act, 1958. This aspect of the…
Judgment
V.RAMKUMAR, J---------------------------------Crl.R.P. No. 3380 of 2007-----------------------------------Dated: 26-09-2007
O R D E RRevision Petitioner stands concurrently convicted for offences punishable under Sections 279 and 304 A I.P.C. and sentenced to simple imprisonment for one month and simple imprisonment for six months respectively.
The case of the prosecution as established through the evidence before the trial court is the following:-On 7-4-2003 at about 3 p.m. the accused/revision petitioner drove a Scooter bearing Reg. No. KL-3/D.191 along the Moonnamkutty-Kappil Road from south to north. When he reached a bump ahead on the road, in order to avoid the bump he took the scooter towards the western road margin to a distance of 26 centimetres to the west of the western tarred edge of road and dashed against 60 year oldBhavani Amma standing on the road margin resulting in her succumbing to the injuries after 18 days. The facts of the case clearly establish that the revision petitioner drove the scooter in a rash and negligent manner endangering human life. The conviction was thus rightly entered against him.
Operative part
The revision petitioner was aged 20 years on the date of Crl.R.P. 3380 of 2007-:2:-occurrence. He was, therefore, entitled to be either released on probation or liable to be admonished under the provisions of the Probation of Offenders Act, 1958. This aspect of the matter has been lost sight of by both the courts. 3. Accordingly, the sentence imposed on the revision petitioner is set aside and instead he shall be released on probation for an appropriate period for which purpose he shall surrender before the trial court on 25-10-2007. That court shall release him on probation onappropriate terms after getting a bond executed in that behalf. Therevision petitioner shall also pay a sum of Rs. 10,000/- as compensation to the legal heirs of the deceased Bhavani Amma under Sec. 5 of the Probation of Offenders Act. This Revision is disposed of as above.V. Ramkumar, Judge.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This Revision is disposed of as above
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860; theProbation of Offenders Act, 1958; Probation of Offenders Act — s. 5.
Which court decided this case, and when?
Kerala High Court, on 26 Sep 2007. The bench was V RAMKUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.