DEVI SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present revision is preferred against the judgment and order dated 13.07.2012 passed by Judicial Magistrate, Rudrapur, District Udham Singh Nagar whereby both the revisionists were held guilty for the offences punishable under Section 323, 324 IPC and were sentenced to undergo rigorous imprisonment for a period of six months each under Section 323 IPC and further sentenced to undergo one year rigorous imprisonment and to pay fine of Rs. 1,000/- each under Section 324 IPC; and against the judgment and order dated 04.09.2014 passed by III Additional Sessions Judge, Rudrapur, Udham Singh Nagar whereby appeal filed by the accused /revisionists, herein, was dismissed upholding the conviction and sentence awarded by the trial court.

(2.) Mr. M.K. Ray, learned counsel for the revisionists, has vehemently argued that since both the revisionists are first time offender and were sentenced to undergo rigorous imprisonment for a maximum period of one year, therefore, both the revisionists should be released on probation by giving benefit of the Probation of Offenders Act, 1958 and while doing so this Court may award reasonable compensation to be paid by the accused revisionists to the injured / victim Sonu Chauhan under Section 5 of the Probation of Offenders Act, 1958 read with Section 357 (3) Cr.P.C.

(3.) Mr. Raman Kumar Sah, Deputy Advocate General for State of Uttarakhand, submits that he has not received any report about the criminal antecedents of accused / revisionists and both of them seem to be first time offender.