Guljar Khatoon vs The State Of Jharkhand
2023 Latest Caselaw 3739 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Acquittal Appeal No. 43 of 2023
Guljar Khatoon                           ...   ...Appellant
                          Versus
1. The State of Jharkhand
2. Rahul Sheikh @ Rahul Sheikh
3. Jakir Sheikh                          ... ...Respondents
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Appellant : Mr. Ranjan Kumar Singh, Advocate For the State : Mr. Shirs Mazumdar, A.P.P.

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Order No. 04/ dated 05.10.2023

The learned Counsel for the appellant has submitted

that in this Appeal he has challenged the order dated

02.01.2023 passed by the learned Additional Sessions

Judge-I, Rajmahal in Cr. Appeal No. 12 of 2022 wherein the

Judgment of conviction passed by the trial court has been

upheld but the sentence has been modified of the convicts

from one year to giving benefit Probation of Offender Act to the

convicts. The appellant is the informant herein.

2. This Appeal has been preferred under the proviso of

Section 372 of Cr.P.C.

3. In view of the proviso of Section 372 of Cr.P.C., the

Appeal can be preferred by the informant/complainant under

three circumstances:

(a) against the acquittal of the accused

(b) against conviction of lesser offence

(c) imposing inadequate compensation.

4. Since the appellant has come against the modification

of the sentence passed by the Appellate Court by which the

convict has been directed to give benefit of Probation of

Offender Act. As such this Appeal is not maintainable under

the provision of Section 372 of Cr.P.C.

5. Learned Counsel for the appellant has prayed that he

may be permitted to convert this Appeal into Cr. Revision.

6. Learned Counsel Mr. Shirsh Mazumdar appearing on

behalf of Public Prosecutor Mr. Pankaj Kumar has no objection

for the same.

7. As prayed, three weeks' time is granted to the learned

Counsel for the appellant to convert this Appeal into Cr.

Revision.

8. List on 09.11.2023.

(Subhash Chand, J.)

P.K.S.