'No release without probation officer's report'

n a significant ruling, the high court of Bombay at Goa has held that the release by a court of an accused under the Probation of Offenders Act without calling for a report from the probation officer is not justified. Setting aside a children's court order that acquitted one Shaikh Mohammad Rafiq charged with kidnapping and sexually abusing a minor boy on December 21, 2006 at Guirim, justice N A Britto observed: "Release of an accused under Section 4(1) of the Probation of Offenders (PO) Act,1958 without calling for a report of the probation officer was a wrong exercise of discretion (by the court) conferred under Section 4(1) of the Act." The high court judgment followed an appeal by the state that challenged the children's court order. The children's court had acquitted Rafiq for the charge of kidnapping, however, he was found guilty of sexual assault, but was released under the PO Act by the court. In its recent order, the high court explained that the probation officer's report is a "fundamental document" for the guidance of the court on whether to grant (an accused) the benefit of probation or not. The object of this report is to appraise the court about the character of the offender and to give information about the offender's conduct in general and chances of his rehabilitation in particular on being released on probation, the court reasoned. It further observed, "In cases like this, courts are required to exercise utmost caution in interpreting the provisions of the probation law and (have to) keep in forefront public policy and the impact of the offender's act on society. If today it was the victim boy tomorrow it will be someone else." Quashing the trial court's order, the HC directed the accused to undergo simple imprisonment for three months with a fine of Rs 5,000 for kidnapping. For the charge of sexual assault, the accused has been sentenced to three months jailwith a fine of Rs 1 lakh.

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