ANSHI DEVI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 r/w Sec. 401 Crimial P.C. is directed against the judgment and order dated 3.11.2006 passed by Chief Judicial Magistrate, Jalore (for short the trial Court' hereinafter) in Criminal Case No. 53/2005 whereby the trial Court convicted the respondents No. 2 to 4 for the offences under Sections 451 and 323 I.P.C., however, instead of sentencing them at once to any sentence of imprisonment, they were released on Probation under Sec. 4 (1) of the Probation of Offenders Act, 1958 (for short 'the Act' hereinafter) and directed to be released provided each of them furnishes a personal bond in the sum of Rs.2000.00 with one surety of like amount to maintain peace and tranquillity and be of good behaviour for a period of one year and shall not repeat such offences and shall appear and receive the sentence when called upon to do so during such period. The complainant seeks enhancement of the sentence.

(2.) I have heard learned counsel for the parties. Perused the judgment and order impugned as also the record of the trial Court.

(3.) In my view, the trial Court was justified in extending the benefit of the Act keeping in view the nature of the offences. The trial Court also directed each of the accused respondents to deposit Rs. 300.00 as prosecution expenses under Sec. 5 of the Act.