State Of U.P. vs Dilshad And Another
2021 Latest Caselaw 8451 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 

 
Case :- GOVERNMENT APPEAL No. - 1863 of 2002
 

 
Appellant :- State of U.P.
 
Respondent :- Dilshad And Another
 
Counsel for Appellant :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Heard learned A.G.A. for the State.

In this case accused persons Dilshad and Sannawar were prosecuted in Case Crime No.117 of 1999, under Sections 323/34, 324, 342, 504 I.P.C., P.S.- Masoori, Ghaziabad. On the basis of their confessional statement made under Section 313 Cr.P.C., they were convicted by the trial court, and without awarding sentence they were granted probation for a period of one year being first offenders.

Learned A.G.A. has submitted that in this case accused persons have been granted probation for the offences committed by them, but there is criminal history of the accused persons, so it cannot be said that they were the first offenders.

From perusal of the judgment, it appears that there is no mention of any conviction in any other case against the accused persons, even learned A.G.A. is also not in a position to show previous conviction of accused persons in any case. In this way, only on the basis of registration of some cases against accused persons, it cannot be said that they were convicted in those cases, so they cannot be said to be the first offenders. Nothing is on record in this regard to show the conviction against accused persons. In view of this granting probation to accused persons as the first offenders cannot be said to be illegal and perverse. Hence this is not a fit case for appeal.

Appeal is accordingly dismissed.

Order Date :- 22.7.2021

Anil K. Sharma