KARNAIL KAUR Vs. GURMIT KAUR AND OTHERS

JUDGEMENT

(1.) RESPONDENTS No. 1 to 4 were convicted and sentenced by the trial Court qua commission of offence punishable under Sections 354, 323, 34 of the Indian Penal Code, 1860 (IPC for short) vide judgment/order dated 12.5.2011. However, in appeal, the Appellate Court vide judgment dated 9.4.2012 acquitted respondents No. 2 to 4 of the charges framed against them under Section 354 IPC and ordered their release on probation, while upholding their conviction under Sections 323 /34 IPC. So far as respondent No. 1 is concerned, she was acquitted of the charges framed against her. Hence, the present appeal by the appellant. Learned counsel for the appellant has submitted that the Appellate Court had erred in acquitting respondents No. 2 to 4 of the charges framed against them under Section 354 IPC and ordering respondents No. 2 to 4 to be released on probation.

(2.) LEARNED counsel for respondents No. 1 to 4, on the other hand, has submitted that no case was made out qua commission of offence punishable under Section 354 IPC against respondents No. 1 to 4.

(3.) THE reasons given by the Appellate Court holding that no offence under Section 354 IPC could be said to be made out against respondents No. 1 to 4, are sound reasons and call for no interference. Conviction of respondents No. 2 to 4 qua commission of offence punishable under Section 323 IPC was upheld by the Appellate Court. The appellate Court rightly ordered the release of respondents No. 2 to 4 on probation with regard to their conviction for commission of offence punishable under Section 323 IPC. It has been noticed by the Appellate Court that respondents No. 2 to 4 were not previous convicts. Hence, no ground for interference by this Court is made out. Accordingly, this appeal is dismissed.