Convict Has Right To Be Considered For Release On Probation: Gauhati HC Grants Relief To Headmaster, Son Who Assaulted Student's Mother

The Gauhati High Court recently extended the benefit of Section 4 of Probation of Offenders Act, 1958 to a school Headmaster and his son, who were convicted by the Trial Court under Sections 323 and 34 of IPC for allegedly assaulting a student's mother, on the ground that the trial court failed to consider the entitlement of the petitioners to the benefit of said Act. At the same time, the learned trial Court did not grant the benefit under the Act, 1958 to the petitioners citing manner of commission of offence.” The case of the prosecution was that the Headmaster and his son assaulted a student's mother, who questioned their refusal to provide rice supplies sanctioned by the Government. The Counsel appearing for the petitioners submitted that he shall not challenge the impugned order of conviction and shall confine his submission in the appeal to the point that Trial Court ought to have considered granting benefit under the Probation of Offenders Act. It noted that the Trial Court failed to consider the entitlement of the petitioners to the benefit of Act of 1958.