DEVI DAYAL Vs. STATE

JUDGEMENT

(1.) THESE are two criminal revisions, one filed by Devi Dayal, who has been convicted under Section 380, I.P.C. and given the benefit of Section 3 of the Probation of Offenders Act and let of with an admonition to refrain from committing any such offence in future, and the other is by the State against setting aside the sentence of imprisonment and giving the benefit under Section 3 of the Probation of Offenders Act as the circumstances of the act were such which did not warrant such a lenient view.

(2.) DEVI Dayal is in the service of the Excise Department of the Central Government and was posted as a Deputy Superintendent of Narcotic in Indore in Madhya Pradesh on 10 -12 -1969. According to the Petitioner he had put in about 21 years of service till then in the department. He is resident of Surajpur in the erstwhile Mehlog State now a part of Solan district.

(3.) THE trial Court found the offence made out against the accused and convicted him under Section 380, I.P.C. and imposed a sentence of imprisonment of six months. Thereafter the accused filed an appeal before the Sessions Judge, who by an order under revision, maintained the conviction but keeping in view the fact that he was not a previous convict gave him the benefit of Section 3 of the Probation of Offenders Act, 1958 and accordingly released him after due admonition that he would refrain from doing any such offence in future.