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Madhya Pradesh High Court · body

2017 DIGILAW 100 (MP)

Gajanand v. State of M. P.

2017-01-18

S.K.AWASTHI

body2017
ORDER : This revision application under section 397 read with section 401 of Code of Criminal Procedure, 1973 has been filed by the applicant against the order dated 15-12-2015 passed by IV Additional Sessions Judge, Guna, by which Criminal Appeal No. 52/2013 has been partly allowed and conviction of the applicant by judgment dated 15-1-2013 passed by JMFC Guna in Criminal Case No. 2546/2011 has been affirmed, whereby the applicant has been convicted for an offence under section 354 of Indian Penal Code and sentenced was reduced till rising of the Court with a fine of Rs. 1000/- with default stipulation. 2. Learned counsel for the applicant submitted that he is not challenging the conviction passed by the Courts below. The applicant is a government servant and the matter was compromised between the parties and, therefore, benefit of Probation of Offenders Act, 1958 be extended to him. 3. From perusal of the record, it is evident that the courts below have concurrently found that commission of alleged offence by the applicant is established on the basis of statements of prosecution witnesses and the injuries caused to the injured person. Hence, on the basis of material available on record, both the courts below have not committed any error in convicting the applicant. It is also well settled that the scope of revisional jurisdiction is very limited. This Court is not required to reappreciate the evidence and interfere in the concurrent finding. However, the applicant is a government servant and if the conviction and sentence are maintained, he would lose his service. Both the parties have compounded the matter. There is no material on record to indicate that the applicant had any previous conviction and thus, in the absence of such evidence, the applicant appears to be a first offender and is entitled to be admitted to the benefits of probation under section 3 of the Probation of Offenders Act, 1958. 4. Taking into consideration the circumstances of the case, while maintaining the conviction of the applicant, it is directed that he shall be released on probation of good conduct under section 4 of the Probation of Offenders Act, on his furnishing bail bond of Rs. 20000/- (Twenty Thousand) with one surety in the like amount, with an undertaking that he shall keep peace and good behaviour for a period of two years. 20000/- (Twenty Thousand) with one surety in the like amount, with an undertaking that he shall keep peace and good behaviour for a period of two years. He is directed to appear on 15th March, 2017 before the JMFC, Guna for furnishing the bail bond as directed above. It is further observed that the conviction and sentence passed against the applicant Gajanand Kushwaha shall not adversely affect his service career. However, the sentence of fine is modified to the effect that the applicant shall deposit a fine of Rs. 5000/- (Rupees Five Thousand) which shall be treated as compensation under section 357(3) of Criminal Procedure Code and the same be paid to the victim. With the aforesaid direction, the revision stands partly allowed.