STATE OF H.P. Vs. DEVENDER SINGH

JUDGEMENT

(1.) RESPONDENT was held guilty for the offence punishable under Sections 341 and 354 of the Indian Penal Code and sentenced to undergo imprisonment for a period of one month under Section 341 I.P.C. and six months under Section 354 I.P.C. Both the sentences were ordered to run concurrently.

(2.) FEELING aggrieved and dissatisfied by the impugned judgment of conviction and sentence, the respondent filed an appeal (Cr. Appeal No. 21 -N/10 of 2002) before the Court of Sessions. The learned Additional Sessions Judge, vide his detailed judgment passed on 16th June, 2003 upheld the conviction for both the offences, but modified the order of sentence by allowing the benefit of probation, relying upon the judgment of this Court passed in Sharnu and Anr. v. Sate of Himachal Pradesh, 1998 (1) C.L.R. 208.

(3.) CONTRA , Ms. Kanta Thakur, learned Counsel for the respondent supported the impugned judgment passed by the learned Additional Sessions Judge.