(1.) CHALLENGE in this appeal filed under Section 374(2) of the Cr.P.C. is to the judgment of the trial court dated 4.3.2005 and order on sentence dated 5.3.2005, whereby the appellant has been convicted to undergo RI for six months for the offence punishable under Section 411 IPC and pay fine of Rs.1,000/ - in default of payment of fine SI for 15 days.
(2.) BRIEF facts of the case as noticed by the trial court are that:
(3.) I have heard counsel for the parties. In the case of Sitaram Paswan and Anr. Vs. State of Bihar reported at (2005) 13 SCC 110, the Apex Court has discussed in detail the applicability of section 3 and 4 of Probation of Offenders Act and held as under: