HASHIM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Amitabh Tripathi, learned counsel for the revisionist, learned AGA for the State respondent and Shri S.H. Ibrahim, learned counsel for opposite party nos.2 to 10.

(2.) A very short question is involved in this criminal revision as to whether cases of Probation of Offenders Act, 1958 (for short the Act) will be applicable or not to the cases where minimum sentence is provided, and whether the Court can, instead of granting minimum sentence, release him on probation?

(3.) As factual matrix of the case, a case under Sections 498-A, 323, 504 IPC and Section 3/4 of the Dowry Probation Act, 1961 was registered against opposite party nos.2 to 4 in Police Station Salwan, District Rae Bareli. After investigation, charge sheet was submitted and charges were framed. The prosecution witnesses were examined and opposite party nos.2 to 10 were convicted under Section 498-A, 323 IPC and Section 4 of the Dowry Prohibition Act. They were acquitted under Section 504 IPC and Section 3 of the Dowry Prohibition Act. Meera Bux and Afsar were directed to undergo 2 years RI and Rs.1000/- fine under Section 498-A IPC. Shamshad, Dilsher, Babloo, Chhoti Bitiya, Haddo, Nisar Ahmad, Smt. Noori were directed to undergo six months SI under Section 498-A and were also directed to pay Rs.1000/- each as fine. Meera Bux, Shamshad, Dilsher, Babloo, Chhoti Bitiya, Haddo, Afsar, Nisar Ahmad, Smt. Noori were also directed to undergo six months SI under Section 323 IPC. Meera Bux, Shamshad, Dilsher, Babloo, Chhoti Bitiya, Haddo, Afsar, Nisar Ahmad, Smt. Noori were directed to undergo one year SI and were also directed to pay fine of Rs.1000/- under Section 4 of the Dowry Prohibition Act. Feeling aggrieved, criminal appeal no.55 of 2013 was filed, which was partly allowed, and conviction of accused persons was maintained, by giving benefit of Secton 4 of the Probation of Offenders Act, 1958 and were released on their executing one surety of Rs.5000/- on condition that they will maintain peace and good conduct for one and half year. The informant feeling aggireved filed this criminal revision.