PRABHU SINGH Vs. THE STATE

JUDGEMENT

(1.) This is a revision petition whereby the petitioner has challenged his conviction and sentence imposed on him by the learned Addl. Sessions Judge, Karauli who confirmed the conviction recorded by the Munsiff and Judicial Magistrate, Karauli. The accused has been sentenced for offence under S. 465 Penal Code to pay a fine of Rs. 203)/-, in default of payment of fine to undergo six months simple imprisonment,

(2.) After arguing for some time learned counsel conceded on merits as there is concurrent finding of fact and in my opinion rightly so because this court was not otherwise inclined to interfere with the findings and confined his arguments only to the question of sentence. I need not narrate the facts and arguments since the revision petition is being decided only on the question of sentence.

(3.) The offence relates to year 1974 and is one under S. 465 Penal Code which is punishable with imprisonment up to 2 years or fine and the court below has inflicted the fine of Rs. 2000.00 instead of passing the sentence. Learned counsel has submitted that even if the entire story of the prosecution is admitted no pecuniary advantage has been taken by the petitioner in any manner whatsoever It is further submitted that in the circumstance of the case ends of justice would have better been served bad the courts extended him the benefit of Probation of Offenders Act in place of sentence I have considered the circumstances of the case. This matter has been pending for last 14 years and it would have been proper had the accused been extended the benefit of Probation of Offenders Act and instead of imposing the fine of Rs. 2000.00 Rs. 1000.00 would have been awarded as compensation to the complainant.