SHESHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed against the judgment dtd. 19/12/2018 passed by the learned Additional Sessions Judge, Pali in Criminal Appeal No. 65/2018 whereby the appellate court dismissed the appeal filed by the petitioner and affirmed the order dtd. 5/3/2018 passed by the learned Chief Judicial Magistrate, Pali in Criminal Case No. 113/2015 whereby the learned trial court acquitted the petitioner for offence under Sec. 447, 354 IPC but convicted him for offence under Sec. 323 IPC and granted benefit of probation to him.

(2.) Learned counsel for the petitioner submits that the prosecution has failed to prove its case beyond reasonable doubt. Both the courts below have not considered the material aspect of the matter and wrongly held the petitioner guilty of offence under Sec. 323 IPC. Therefore, the orders impugned deserve to be set aside.

(3.) Per contra, learned Public Prosecutor has supported the impugned orders passed by the courts below and submitted that the trial court already took a lenient view and extended the benefit of probation under Sec. 3 of the Probation of Offenders Act to the petitioner. Therefore, orders impugned do not warrant any interference by this Court.