Probation of Offenders Act

Querist : Anonymous (Querist) 28 July 2010 This query is : Resolved
Can a driver of a transport corporation can be acquitted under PO Act as the offence of crime 304 A is only first time and no direct eye witness

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Arvind Singh Chauhan (Expert) 28 July 2010
Not acquitted but may be released under probation. If there is no evidence he may be acquitted on merit there is no need of probation.

s.subramanian (Expert) 28 July 2010
Yes. Mr.Arvind is right.

S. Bharath (Expert) 28 July 2010
Arvind is right, there is no acquittal under the PO Act, but a release. There is an increasing trend to be strict with offence under 304-A; you need to convince the Magistrate. The fact that there are no eye witnesses is immaterial in considering the release on probation. The facts like the age of the accused, his family background, his dependants, antecedents, any rewards he earned in service etc may be some relevant facts which you may place before the court. If you manage to get an order of release on probation, then pray for an order u/s 12 also. It is generally automatic to the release on probation.

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