“Too Harsh To Send Them To Prison”: Orissa HC Extends Benefits Of Probation Of Offenders Act To Convicts In ’18 Years Old’ Grievous Hurt Case

Case: Rohita Mirdha & Ors. v. State of Orissa
Coram: Justice Sashikanta Mishra
Case No.:  CRL REV No. 1014 of 2006
Court Observation:
In this judgment, the Orissa High Court has upheld conviction of three accused persons in an ’18 years old’ grievous hurt case and at the same time extended the benefits of the Probation of Offenders Act to exonerate them from any further imprisonment.
“The case record reveals that after being arrested, the petitioners have spent some days in custody. Undoubtedly, 18 years have passed in the meantime. Therefore, taking into consideration the social background of the petitioners and lack of any criminal antecedents to their names, this Court also feels that it would be too harsh to send them to prison at this distance of time to serve the remaining part of the sentence. As such, it is deemed proper to extend the benefit of the P.O. Act to the petitioners.”