Ankouri vs State Of Rajasthan (2024:Rj-Jd:36480)
2024 Latest Caselaw 7657 Raj

Rajasthan High Court - Jodhpur

Ankouri vs State Of Rajasthan (2024:Rj-Jd:36480) on 3 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:36480]                     (1 of 2)                          [CRLR-755/2024]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR



             S.B. Criminal Revision Petition No. 755/2024




Ankouri     W/o      Bharat       Singh,     Aged      About        32    Years,    D/o
Ramswaroop,          R/o   Present         Deeplana,        Tehsil       Nohar,    Dist.
Hanumangarh.
                                                                         ----Petitioner
                                      Versus


1.       State Of Rajasthan, Through PP
2.       Bharat Singh S/o Banshilal, R/o Rajpura, Sahani, Police
         Station     Nathusari       Chopta,         Tehsil        And    Dist.    Sirsa
         (Haryana)
3.       Banshilal S/o Daleep, R/o Rajpura, Sahani, Police Station
         Nathusari Chopta, Tehsil And Dist. Sirsa (Haryana)
4.       Santosh W/o Banshilal, R/o Rajpura, Sahani, Police
         Station     Nathusari       Chopta,         Tehsil        And    Dist.    Sirsa
         (Haryana)
                                                                    ----Respondents


For Petitioner(s)             :    Mr. Anil Bidan Halu
For Respondent(s)             :    Mr. Dhanraj Vaishnav, PP



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

03/09/2024

Heard the parties.

Respondent Nos.2 to 4 faced trial for offences under Sections

498-A, 406 and 323/34 IPC in Criminal Case No.40/2017, arising

out of FIR No.160 dated 21.09.2016 registered with Police Station

Gogamedi.

[2024:RJ-JD:36480] (2 of 2) [CRLR-755/2024]

The trial resulted in conviction for offences under Sections

498-A and 323/34 IPC. Acquittal was recorded for offence under

Section 406 IPC. The learned trial Judge allowed the benefit of the

Probation of Offenders Act with a direction to pay litigation cost

etc. The judgment of the learned trial Judge was challenged in

Criminal Appeal No.61/2023 before the learned Addl. Sessions

Judge No.2, Nohar, District Hanumangarh. The appeal was

dismissed vide judgment dated 28.03.2024, affirming the

judgment of the learned trial court. Hence, this criminal revision.

After argument at length, learned counsel for the petitioner

could not convince this Court that the benefit of the Probation of

Offenders Act could not have been allowed to respondent Nos.2 to

4, especially when no previous conviction was proved and the

offences proved were punishable for less than seven years.

This Court does not find any merit in this criminal revision.

Accordingly, the instant criminal revision petition stands

dismissed.

(BIRENDRA KUMAR),J 20-deep/-

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