GAJANAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision application under Section 397 read with Section 401 of Code of Criminal Procedure, 1973 has been filed by the applicant against the order dated 15.12.2015 passed by IV Additional Sessions Judge, Guna, by which Criminal Appeal No.52/2013 has been partly allowed and conviction of the applicant by judgment dated 15.1.2013 passed by JMFC Guna in Criminal Case No.2546/2011 has been affirmed, whereby the applicant has been convicted for an offence under Section 354 of Indian Penal Code and sentenced was reduced till rising of the Court with a fine of Rs.1000/- with default stipulation.

(2.) Learned counsel for the applicant submitted that he is not challenging the conviction passed by the Courts below. The applicant is a government servant and the matter was compromised between the parties and, therefore, benefit of Probation of Offenders Act, 1958 be extended to him.

(3.) From perusal of the record, it is evident that the courts below have concurrently found that commission of alleged offence by the applicant is established on the basis of statements of prosecution witnesses and the injuries caused to the injured person. Hence, on the basis of material available on record, both the courts below have not committed any error in convicting the applicant. It is also well settled that the scope of revisional jurisdiction is very limited.