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In a first, sessions court decides case via plea bargaining in Uttar Pradesh
Pratapgarh district and sessions judge orders release of man on six months’ probation . He was facing charges under Section 308 of IPC (attempt to commit culpable homicide)
The Pratapgarh district and sessions judge on Friday ordered to release a person on six months’ probation in the first-ever case decided through plea bargaining by a sessions court in Uttar Pradesh.
Plea bargaining under section 265B of the Criminal Procedure Code is a negotiation between the accused and the applicant where the accused agrees to plead guilty in exchange for certain concessions by the prosecution.
“This is the first case decided through plea bargaining by a sessions court in the state,” said Yogesh Sharma, district government counsel, Pratapgarh.
District and sessions judge, Pratapgarh, Sanjay Shanker Pandey ordered to release Anand Vardhan Pandey on six months’ probation.
Anand Vardhan was facing charges under several sections of the Indian Penal Code, including 308 related to attempt to commit culpable homicide not amounting to murder, an offence for which three-year jail term is prescribed.
THE CASE
The main accused in the incident, Anand Vardhan Pandey of Lalganj area in Pratapgarh on October 19, 2012, destroyed the thatched roof of his brother Rajesh Kumar Pandey’s house and severely injured his son, Sandeep, leaving him unconscious.
The Lalganj police lodged an FIR against Anand Vardhan Pandey and his son on the same day under several sections of the IPC, including 308.
After a charge sheet was filed, the lower court transferred the case to the district and sessions court on October 25, 2017 as section 308 of the IPC was imposed on the accused, which comes under the jurisdiction of the sessions court.
Sharma and advocate Bikram Singh represented the state government in court.
“The accused and the applicant are brothers. The accused injured his nephew (brother’s son). However, during trial of the case, relations between the two families became cordial and the accused also accepted his guilt,” Sharma said.
The accused filed an application in court, accepting his crime and the prosecution also submitted an application in court, requesting to drop all charges (against accused).
“The court convened a meeting between both the parties. After the court was satisfied that the accused had not accepted his crime under any pressure, it sought application under section 265B of the CrPC (plea bargaining) from the accused,” Sharma said.
“Accepting the plea-bargaining application of the accused (Anand Vardhan Pandey), the court today (Friday) ordered to release him on six months’ probation,” he added.
The court also directed the accused to appear before the district probation officer within a week and submit a personal affidavit of ₹10,000 and two sureties of ₹10,000 each.
“After six months, if the district probation officer finds that relationship between the two families is cordial, then all charges against the accused will be dropped,” Sharma said.
