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Shiv Kumar & Ors. vs. State

Criminal Appeal · 2026:DHC:8170Decided 22 Sept 2026New Delhi Bench
CRL.A. 1052/2012CNR: DLHC011436192012
Justice Vimal Kumar Yadav

Background

The appellants, convicted in 2012 alongside their parents, did not challenge their conviction but sought the same probation benefit already granted to their parents in the same case. The complainant/victim, Smt. Radha, who shares a daughter with appellant Shiv Kumar, appeared in court and stated she had reconciled with him and no longer wished to pursue the case.

Decision Breakdown

The Court noted that the complainant had reconciled her grievance, that considerable time had passed, and that sending the appellants to jail at this stage would serve no purpose. While maintaining the judgment of conviction, the Court modified the sentence to extend the benefit of probation, subject to a two-year good-conduct bond, with each appellant depositing Rs. 10,000 as costs payable to the complainant as compensation.

Lesson Learnt

Courts may extend probation even years after a conviction where the victim has genuinely reconciled with the offender, particularly when continued incarceration would serve no rehabilitative or deterrent purpose.

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