Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Supreme Court Shows Leniency, Grants Probation to 62-year-old Woman Convicted for Obstructing Public Servants

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Supreme Court of India exhibited leniency in its sentencing by granting probation to a 62-year-old woman, Razia Khan, who was convicted for offences under Sections 333, 353, and 451 of the Indian Penal Code (IPC). The case, Criminal Appeal No. 2259 of 2023, had been closely watched by legal experts due to the appellant's age and the passage of over thirty years since the incident occurred.

In the judgment delivered by Justice Abhay S. Oka, the Court considered the nature of the offence and various factors surrounding the case. The appellant, who claimed to be a social worker and a member of a political party, was found guilty of misbehaving with a public servant (PW-1) and obstructing her and another public servant (PW-6) from discharging their official duties during an incident that took place on 1st December 1992.

The Court took note of the prolonged trial and appeal period, during which the appellant had been out on bail. Justice Oka emphasized, "Considering the nature of the offence, we are of the view that the appellant deserves to be shown leniency when it comes to the substantive sentence."

Accordingly, the Court decided to grant the appellant the benefit of probation, taking into account her age and the absence of any objectionable activity during the extended trial period. The sentences for the three offences were modified as follows:

  1. For the offence punishable under Section 333 of the IPC, the appellant was sentenced to undergo simple imprisonment for one month and pay a fine of ₹30,000 within one month.
  2. For the offence punishable under Section 353 of the IPC, the appellant was fined ₹20,000 within one month.
  3. For the offence punishable under Section 451 of the IPC, the appellant was sentenced to undergo simple imprisonment for one month and pay a fine of ₹25,000 within one month.

The Court ordered that in default of payment of the fines, the appellant would undergo simple imprisonment for 15 days.

The judgment, delivered on 3rd August 2023, has sparked discussions among legal circles about the appropriate balance between showing leniency and ensuring justice is served in cases involving elderly convicts with no previous criminal record. The Court's decision to grant probation in this case highlights the importance of considering individual circumstances and the passage of time in determining suitable sentencing.

As part of the fine amount, ₹25,000 will be paid to the injured witness, PW-1 Ms. Sajni Batra, by way of compensation, while the remaining fine will go to the State.

The Court granted the appellant one month to surrender before the Trial Court to serve the sentences. This judgment stands as a notable example of the Indian judiciary's commitment to administering justice with compassion and sensitivity towards unique case scenarios.

Date of Decision: August 3, 2023

Razia Khan vs The State of M.P.             

Latest Legal News