STATE OF M P Vs. DAIZYBAI

JUDGEMENT

(1.) THE respondent was prosecuted for committing offence punishable under Sections 452 and 323 of the IPC. While convicting the respondent under Sections 452 and 323 of the IPC, Judicial Magistrate First Class, Dantewada, exercising powers under Section 3 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act'), released the respondent after due admonition. Being aggrieved, the State/appellant has preferred this Criminal Appeal under Section 377 (1) of the Code of Criminal Procedure.

(2.) I have heard learned counsel for both the parties and have perused the record.

(3.) SECTION 374(3) Cr.P.C. reads as under : 3 74.(3) Save as otherwise provided in sub-section (2), any person,-