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People with privilege and power must be conscious of their prestige

Raj Kumar Makkad ,
  20 September 2010       Share Bookmark

Court :
Punjab & Haryana High Court
Brief :
Application for release of the Petitioner on probation - Rejection thereto - Petitioner Convicted under section 354 Indian Penal Code , 1860 applied for probation which was rejected by Trial Court - Hence this appeal - Whether the Petitioner was entitled to the benefit of probation?
Citation :
S.P.S. Rathore v. Central Bureau of Investigation (Decided on 01.09.2010)

Held, on certain aggravating factors on the consideration of which, this Court was unable to grant of benefit of probation to the Petitioner. The most relevant factor in this regard was the official position held by the Petitioner vide which he was supposed to act as a guardian and protector not just for his immediate family but to the entire society. The justice delivery system has to take up the responsibility here and now to advance justice by enhancing the faith and confidence of the victims and also the common man in the justice delivery system. To be firm in dealing with crime against the vulnerable sections of the society, particularly the woman, is the requirement of the time and its relevance if not appreciated shall cause loss of faith of the common man in the State institutions and particularly in the judicial system. People with privilege and power must be conscious of their prestige. The responsibility put on the Petitioner, by the system of which he was an important functionary, was completely betrayed by him. The prayer for extending the benefit of probation to the Petitioner has been dealt in detail by the lower courts and after careful consideration of the relevant factors has been rejected. 

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Published in Criminal Law
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