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2025 DIGILAW 1367 (RAJ)

Bhagwati Lal S/o Shri Ratan Lal Sharma v. Dinesh S/o Jagdish Sharma

2025-07-01

FARJAND ALI

body2025
ORDER : Farjand Ali, J. In S.B. Criminal Revision Petition No. 807/2017:- 1. By way of filing the instant revision petition, challenge is made to the judgment dated 09.02.2015 passed by the learned trial Court as well the judgment dated 06.04.2017 passed by the Court of appeal whereby the accused respondents were though convicted but extended the benefit of probation. The petitioner happens to be victim of the case and his grievance is to punish the respondents properly. 1.2 The code or criminal procedure does not confer any right to a complainant or victim to make challenge to the discretion exercised by the learned trial Court regarding the quantum of punishment. Section 235 and 255 of Cr.P.C . speaks about hearing of the accused on the point of sentence. As per Section 372 of Cr.P.C ., the victim has a right to make challenge to a judgment of acquittal or awarding of inadequate compensation or conviction of the accused for lesser offence. Above is not the case and, therefore, there is no force in the instant petition and the same deserves to be dismissed. 2. Accordingly, the instant petition is dismissed as having no force. In S.B. Criminal Appeal No. 711/2017:- 1. The petitioner - Dinesh is convicted by the learned trial Court and the judgment of conviction has been affirmed by the Court of appeal. He has been given the benefit of probation. The evidence brought on record, particularly, the statements of P.W.-11 Bhagwati Lal and P.W-12 Sohani Devi and the medical evidence conclusively proving his guilt. I see no reason to interfere therein. Apart from that, the instant appeal is not maintainable before this Court because the judgment of conviction dated 09.02.2015 was passed by the Court of learned ACJM and any challenge to the sustainability of conviction can be made by the accused by preferring an appeal as envisaged under Section 374 of Cr.P.C . and here in this case, the appeal could be filed before the learned Sessions Judge, Bhilwara. There is no force in the instant appeal and the same deserves to be dismissed. 2. In this background, the instant appeal is dismissed. 3. Stay petition stands disposed of.