Additional Sessions Judge (ASJ) T R Naval released Delhi resident Mahender on probation of good conduct for two years, taking a lenient view towards his mental condition.
The court gave the order on an appeal by the 25-year-old man against the trial court's judgement that sentenced him.
Mahender had sought his release on probation saying he was "mentally sick" and was not involved in any other criminal case.
According to the prosecution, Mahender had trespassed into a house in Krishna Nagar in East Delhi to commit theft in May 2008, but could not succeed as he was caught by the house owner who informed the police.
The court had also sought a report from a probationary officer who said the accused is unmarried and illiterate and he is not mentally fit.
"He has been suffering from mental illness. He has to bear the responsibility of his old mother and younger brother. He is suffering from socially, economically and mentally but he did not have any other criminal record. The institutional detention may not yield desired results," the probationary officer had said in his report.
The officer had also recommended the release of the youth giving him the benefit under the provisions of the Probation of Offender Act to enable him join the main stream of society.
The prosecutor argued the trial court has already taken a lenient view towards Mahender in sentencing and no further leniency should be shown to him.
The ASJ, however, said, "I am of the view that a reformative theory of punishment may be adopted in the present case. It would be just, fair and appropriate if the accused is released on probation of good conduct giving him the benefit under the Probation of Offenders Act and the CrPC," the ASJ said.
