Law:

Section:

(i) Probation of Offenders Ordinance, 1960 (XLV of 1960)-- ----Ss. 4 & 5--Pakistan Penal Code, 1860 (XLV of 1860), S. 220--Appreciation of evidence--Sending accused, a Police Officer on probation--Statement of complainant with regard to his illegal detention went unchallenged as no cross-examination was conducted by defence counsel to deny said fact--Statement of complainant had been fully supported and corroborated by PWs--Evidence available on record had established beyond any shadow of doubt that accused had wrongfully confined complainant and his said action had come within the ambit of S. 220, P.P.C.--Trial Court, in circumstances had rightly convicted and sentenced the accused--Counsel for accused had stated that accused who was a police officer, was first offender; and if he was convicted he would lose his job; that accused having repented over his action, he could be sent on probation instead of sending him to jail to serve out sentence where he might spoil his life and future by associating with hardened criminals--Validity--One of the concepts of punishment was reformation--Present conditions of jails were such where once a person was sent, then he may come out after serving out sentence as a hardened-criminal--Instead of becoming a helping hand to the society he would become a cause of concern to it--Option between reformation and punishment was an onerous one and it required a judicious application of mind by the person or Authority dealing with such offender--Greatest virtue of the law was its flexibility and its adaptability, it must change from time to time so that it answers the demand of the people, the need of the hour and order of the day--Present case being fit where accused could be sent on probation, he was sent on probation instead of sending him to jail at once. [Pp. 440, 441 & 443] A, B, C & G (ii) Probation of Offenders Ordinance, 1960 (XLV of I960)-- ----Ss. 4, 5 & 11--Object of--Sending accused on probation--One of the systems, which played a very important role in the rehabilitation and reformation of offender, was probation system--Probation of Offenders Ordinance, 1960 was promulgated under which benefit of…

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