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2018 DIGILAW 1876 (RAJ)

Birbal S/o Bhompal v. State of Rajasthan

2018-09-10

PANKAJ BHANDARI

body2018
JUDGMENT : 1. Appellants have preferred this appeal aggrieved by judgment & order dated 14.06.2018 passed by Additional Sessions Judge Sawaimadhopur, Rajasthan, whereby the Court below has convicted the appellants for offence under Sections 341, 323/34, 324/34 & 325/34 of I.P.C. but instead of sentencing them, has given benefit of probation to the appellants and has imposed a cost of Rs.20,000/- per appellant, under Section 5 of the Probation of Offenders Act, 1958. 2. It is contended by counsel for the appellants that under Section 11 of the Probation of Offenders Act, 1958, appeal lies to the High Court and High Court is empowered to reduce the cost imposed by the Court below. 3. It is also contended that there was a cross case and in the cross case also the Court has imposed a cost against the complainant party. It is also contended that on merits, appellants have a very good case. 4. I have considered the contentions. 5. Appellants have not challenged their conviction and in the prayer clause have only claimed that the compensation amount be reduced from Rs.20,000/- to Rs.2,000/- per appellant. 6. The question that has cropped up for consideration is whether an appeal lies against the cost awarded by the Court under Section 5 of the Probation of Offenders Act. Sub-Section (1) of Section 5 of the Probation of Offenders Act reads as under:- “The court directing the release of an offender under section 3 or section 4, may, if it thinks fit, make at the same time a further order directing him to pay- (a) such compensation as the court thinks reasonable for loss or injury caused to any person by the commission of the offence; and (b) such costs of the proceedings as the court thinks reasonable.” Sub-Section (2) of Section 11 of Probation of Offenders Act reads as under:- “Notwithstanding anything contained in the Code, where an order under section 3 or section 4 is made by any court trying the offender (other than a High Court), an appeal shall lie to the court to which appeals ordinarily lie from the sentence of the former Court.” 7. An appeal lies against an order passed under Section 3 or Section 4 of the Probation of Offenders Act. An appeal lies against an order passed under Section 3 or Section 4 of the Probation of Offenders Act. However, Section 11 of Probation of Offenders Act does not provide for any appeal against an order passed under Section 5 of the Probation of Offenders Act. Since sub-clause (a) of sub-Section (1) of Section 5 of the Probation of Offenders Act deals with compensation to be awarded to the victim, the legislature in its wisdom has not provided for an appeal against such orders. 8. This Court is of the considered view that no appeal lies against compensation order passed under Section 5 of the Probation of Offenders Act. The present appeal being not maintainable is dismissed. Stay application also stands disposed.