Delhi High Court on Probation of Offenders: Conviction Upheld, Sentence Modified.

The Delhi High Court, while upholding the conviction of the appellant under Sections 308/34 IPC, modified the sentence of the appellant no. 1 (Jinte @ Jitender) by releasing him on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. The Court considered the appellant’s age, lack of prior criminal record, social investigation report, remorse, and the long passage of time since the incident. The Court emphasized that probation aims at reformation and reintegration of offenders rather than purely punitive incarceration.

1. The appellants were convicted by the trial court for causing injuries to Vijay Gupta on 10 June 2001 at Trilokpuri, Delhi, with dandas and sarias, which could have resulted in death, under Sections 308/34 IPC.
2. Trial Court sentenced them to 3 years’ rigorous imprisonment with a fine of ₹2,000 each, and in default, 4 months RI.
3. Appellant no. 1 sought modification of sentence for probation, without challenging conviction. Appellant no. 2 (Vijay) appeal was abated.
4. Social Investigation Report revealed that appellant no. 1 is 50 years old, married with two children, employed as a security guard, has no prior criminal record, and exhibited remorse.

PW-5 (injured) and his father (PW-6) corroborated the prosecution case. Medical opinion confirmed grievous injuries caused by blunt objects.

Conviction was upheld since appellant no. 1 did not contest it.

Probation was deemed appropriate considering:

Age and family responsibilities of the appellant

No past criminal record

Long lapse of 22–24 years since the incident and trial

Possibility of reformation and reintegration into society

Relevant Supreme Court precedents considered:

Lakhvir Singh v. State of Punjab (2021) SCCOnLine SC25 – emphasizing rehabilitation through probation.

Chellammal & Anr. v. State (2025) SCC OnLine SC 870 – mandatory consideration of probation under Section 4 where circumstances permit.

1. Section 308/34, Indian Penal Code (IPC) – Attempt to commit culpable homicide by common intention.
2. Section 4, Probation of Offenders Act, 1958 – Release of offenders on probation of good conduct.

Conviction of appellant no. 1: Upheld.

Sentence: Modified to release appellant no. 1 on probation of good conduct for 1 year, subject to:

Furnishing a bond of ₹10,000 with a like surety

Appearing to receive sentence when called upon

Maintaining peace and good behavior

Fine of ₹2,000: Maintained.

Appeal partly allowed.

Pending applications disposed of.

1. Courts may grant probation even in long-pending cases to facilitate reformation and reintegration.
2. Social Investigation Reports and character assessment are critical for probation decisions.
3. Conviction is not disturbed if the appeal on merits is not pressed.

Citation: 2025:DEL:629/2003

Case: Jinte @ Jitender & Anr. v. State of NCT of Delhi

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Rajneesh Kumar Gupta

Date of Decision: 19 November 2025

Criminal Appeal No.: CRL.A. 629/2003