RAFIQUE Vs. STATE

JUDGEMENT

(1.) In this appeal against the judgment dated Dec. 21, 1981 of the Sessions Judge, Sawai Madhopur, convicting and sentencing the appellant for the offence under Sec. 354 Penal Code to one year's rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine to one month's further rigorous imprisonment, counsel for the appellant has not addressed me on the question of conviction of the appellant for the offence under Sec. 354 Penal Code on merits. He has submitted that the accused was only 20 years of age when the occurrence took place and, therefore, he should have been given the benefit of probation.

(2.) The case is more than 9 years old. According to the prosecution it was on Dec. 10, 1980 that the accused used criminal force against Mst. Gulabi aged 30 years with intent to outrage her modesty. The appellant is not a previous convict. In the arrest-memo (Ex.P/7) the age of the accused is given as 20 years. He has already remained under prosecution for more than 10 years. Having regard to the circumstances of the case particularly the fact that the accused was 20 years of age on the date of the occurrence, in my opinion, the ends of justice would be met if the accused is released on probation.

(3.) Accordingly the appeal is partly allowed, the judgment of the Sessions Judge, Sawai Madhopur dated Dec. 21, 1981 is modified to the extent that while the conviction of the appellant for the offence under Sec. 354 Penal Code is (illegible) the sentence awarded to him for the said offence is set aside. The sentence of fine is also set aside. Instead of sentencing the accused at once to any imprisonment, it is directed that the appellant shall be released on probation on his executing a bond of probation in the amount of Rs. 5,000.00 with one surety in the like amount to the satisfaction of the Sessions Judge, Sawai Madhopur to appear and receive sentence when called upon to do so by the learned Sessions Judge during a period of one year as the learned Sessions Judge may direct and in the meantime to keep peace and be of good behaviour. Learned counsel for the appellant prays that one month's time may be granted to the appellant to execute the bond of probation and surety. One month's time is granted as prayed. Appeal partly allowed.