Synopsis

The petitioner (accused) was convicted by the trial court under Sections 323 and 325 IPC and Section 135 of the Gujarat Police Act. The appellate court confirmed the conviction under Sections 323 and 325 IPC but acquitted him under the Gujarat Police Act. The petitioner filed a revision application challenging the conviction. The High Court, while upholding the concurrent findings of guilt (since no perversity or error was shown), modified the sentence by releasing the accused on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. The court relied on the Probation Officer’s report (good conduct), the fact that 24 years had passed since the incident, and the reformative approach in penology.

Court: High Court of Gujarat
Coram: Hasmukh D. Suthar, J.
Date: April 8, 2026
Citation: Not explicitly provided (likely 2026:GHC:xxxx)
Core Law: Indian Penal Code, 1860 – Sections 323, 325; Code of Criminal Procedure, 1973 – Sections 397, 401, 360; Probation of Offenders Act, 1958 – Section 4.

2. Legal Framework

• Indian Penal Code, 1860: Sections 323 (voluntarily causing hurt), 325 (voluntarily causing grievous hurt).

• Gujarat Police Act, 1951: Section 135 – the appellate court acquitted the accused under this provision.

• Code of Criminal Procedure, 1973: Sections 397 and 401 (revisional jurisdiction – limited to patent error or perversity; reappreciation of evidence not permissible); Section 360 (order to release on probation of good conduct).

• Probation of Offenders Act, 1958: 

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