(1.) Original complainant challenges the judgment and order of acquittal passed by learned Additional Sessions Judge, Aurangabad in Criminal Appeal No. 37/2020 confirming the judgment and order passed by learned J.M.F.C., Paithan in R.C.C. No. 358/2007 by which, though accused (respondents herein) were convicted for offence under Sec. 323, they were given benefit of Sec. 4 of Probation of Offenders Act, 1958.
(2.) In short, R.C.C. No. 358/2007 was tried by learned J.M.F.C., Paithan on charge that, accused namely Sanjay, Vijay and Kesarbai assaulted complainant on 16/5/2007. On report of present appellant- original complainant, crime was registers bearing no. 60/2007 at Paithan Police Station for offence under Ss. 326, 323, 504, 506 r/w 34 of IPC and all three were duly chargesheeted and tried vide above R.C.C. Learned J.M.F.C. was pleased to acquit the accused from offence under Ss. 326, 504, 506 of IPC, but convicted them for offence under Sec. 323 of IPC. However, by extending benefit of Sec. 4 of the Probation of Offenders Act, in stead of sentencing them at once, they were directed to be released on probation of good conduct for a period of of one year.
(3.) Above order was questioned before learned Additional Sessions Judge, Aurangabad vide Criminal Appeal No. 37 of 2020, but the same came to be dismissed by judgment and order dtd. 17/7/2025. Hence, the instant appeal.
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