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State of Gujarat Vs. V.A. Chauhan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 163 of 1976
Judge
Reported inAIR1983SC359; 1983(1)SCALE716; (1983)2SCC64
ActsIndian Penal Code (IPC) - Sections 409, 467 and 471; Probation of Offenders Act, 1958 - Sections 4
AppellantState of Gujarat
RespondentV.A. Chauhan
Excerpt:
- .....of food adulteration act. the high court gave the benefit of the probation of offenders act to the accused and since last six years the respondent is enjoying this benefit. the matter seems to be concluded by the decision of this court reported in : 1972crilj897 where it has been held that the benefit of probation of offenders act cannot be given to an accused convicted of an offence punishable with imprisonment for life. we entirely agree with this decision and hold that the probation of offenders act is not applicable, but in the instant case, as the respondents has already been given the benefit of probation of offenders act, we do not think it is in the interest of justice to interfere with it at this stage, after so many years. the appeal is accordingly dismissed.
Judgment:
ORDER

1. In this case the only point involved is as to whether the provisions of Probation of Offenders Act would apply to the present case where the respondent was convicted under Sections 409, 467 and 471 IPC and Section 5(1)(C) read with Section 5(2) of the Prevention of Food Adulteration Act. The High Court gave the benefit of the Probation of Offenders Act to the accused and since last six years the respondent is enjoying this benefit. The matter seems to be concluded by the decision of this Court reported in : 1972CriLJ897 where it has been held that the benefit of Probation of offenders Act cannot be given to an accused convicted of an offence punishable with imprisonment for life. We entirely agree with this decision and hold that the Probation of Offenders Act is not applicable, but in the instant case, as the respondents has already been given the benefit of Probation of Offenders Act, we do not think it is in the interest of justice to interfere with it at this stage, after so many years. The appeal is accordingly dismissed.


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