KASHMIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Kashmir Singh (hereinafter referred to as the accused) has assailed the judgment dated 20.8.2005/22.8.2005, passed by the learned Additional Sessions Judge, Una, District Una, Himachal Pradesh, in Sessions Trial No.13 of 2004, titled as State of H.P. versus Tirath Singh and others, whereby the accused has been convicted and sentenced to undergo simple imprisonment for a period of six months and pay fine of Rs. 2,500/-, in relation to each of the offences punishable under the provisions of Sections 332 and 333 of the Indian Penal Code; and simple imprisonment for a period of three months, in relation to offence punishable under the provisions of Section 3 of the Prevention of Damage to the Public Property Act and fine of Rs. 1,000/-.

(2.) At the time of hearing, learned counsel for the accused submits that under instructions, appellant does not assail the judgment of conviction. However, it is argued that keeping in view the fact that the offence took place in the year 2003, as also the fact that during trial appellant has maintained good conduct, benefit of Probation of Offenders Act, 1958 be accorded to him. Accused has reformed himself and there is no possibility of his committing any crime in future. Learned counsel has relied upon a decision rendered by this Court in State of H.P. versus Devinder Kumar and others,2012 1 HLJ 11.

(3.) Report of the District Welfare Officer-cum- Probation Officer, Una, District Una, H.P. was called by this Court, which reveals that appellant has been maintaining good moral character and conduct. He is well behaved and there is no other case pending against him, expect the present one.