MANJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated April 22, 2008 of Additional Sessions Judge (Fast Track) No. 2 Bundi, in Sessions Case No. 79 of 2009 whereby he acquitted the accused respondent for the offence under Section 376/511 IPC and convicted him for the offence under Section 354 IPC but looking to his age he was given the benefit of Probation of Offenders Act and he was directed to give personal bond in the amount of Rs. 5000/ - for keeping peace and be of good behaviour for two years and shall not repeat such offences for two years.

(2.) BRIEF facts of the case are that on April 17, 2007, when the prosecutrix went to field of Ramgopal Gurjar, the accused respondent Raju caught hold of her and tried to rape her. The complainant appeared before the Superintendent of Police Bundi on April 17, 2007 and submitted written report regarding incident. After investigation the Police submitted charge sheet against the accused for the offence under Section 354, 376 read with Section 511 IPC. After committal of case, the trial court framed charges against the accused respondent for the offence under Sections 354, 376 read with Section 511 IPC, but looking to his age he was given the benefit of Probation of Offenders Act and he was directed to give personal bond in the amount of Rs. 5,000/ - for keeping peace and be of good behaviour for two years and shall not repeat such offences for two years.

(3.) ON the other hand, the learned Counsel for the accused respondent Mr. M.K. Chaturvedi contended that the accused respondent has remained in judicial custody for 18 days during trial. He should be released for the sentence already undergone by him. He has further requested that the petitioner is an innocent person and he is only the earning male member in his family.