PROBATION OF OFFENDERS ACT

salilkumarp (Querist) 13 September 2008 This query is : Resolved

ACCUSED WAS A LADY AGED ABOUT 25 YEARS CHARGED U/S 381 IPC.SHE WAS FOUND GUILTY AND A REPORT OF THE PROBATION OFFICER WAS CALLED FOR. PROBATION OFFICER GAVE REPORT STATING THE PATHETIC CONDITION OF THE ACCUSED, IN ALL RESPECTS ,AND PLEADED FOR COURT"S MERCY. BUT THE COURT OVERRIDED THE REPORT AND SENTENCED THE LADY TO 3 YEARS RI.
WHETHER THE SENTENCE LEGAL ?
WHAT IS HER REMEDY AT APPELLATE STAGE ?

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sanjay kumar patibandla (Expert) 16 September 2008
applying P O Act is the discretionary power of the Hon'ble court.

In appelle should go on De-merits of the judgement.

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