(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Heard learned Additional Public Prosecutor, Ms.Jirga Jhaveri for the State.
2. The present appeal is filed by the State being aggrieved by judgement and order dated 28th November 2011 passed by the learned Additional Sessions Judge, Bharuch in Sessions Case No.58 of 2009, whereby the learned Judge is pleased to convict accused no.1 for the offences punishable under section 489 (B) of IPC and punish with 5 years R.I. and fine of Rs.1000/-, in default, 1 year imprisonment; under section 489(C) of IPC awarded with 5 years of R.I. and fine of Rs.1000/-, in default, 1 year imprisonment; and under section 489(D) of IPC awarded 2 years of R.I. and fine of Rs.500/-, in default 1 month simple imprisonment.
punishable under section 489(C) of IPC and awarded 2 years R.I. and fine of Rs.500/-. But the learned Sessions Judge is pleased to grant benefit of the Probation of Offenders Act read with section 360 of the Code of Criminal Procedure.
3. The learned APP submitted that the learned Judge has committed error in awarding accused no.1 only 5 years' rigorous imprisonment for offence under section 489(B) of IPC and also for offence under section 489(D) of IPC. The learned APP submitted that the learned Judge has also erred in awarding only 2 years imprisonment under section 489(C) of IPC.
4. The learned APP next submitted that the learned Additional Sessions Judge has erred in convicting accused no.2 only under section 489(C) of IPC and awarding 2 years rigorous imprisonment. The learned APP submitted that the learned Judge has further erred in allowing her benefit of 'probation' under Probation of Offenders Act read with section 360 of the Code of Criminal Procedure.
5. The matter requires consideration. ADMIT.
6. The matter be listed for further hearing on 11.12.2012. The learned APP to apprise the Court about the present status of accused no.1.
(RAVI R.TRIPATHI, J.) Page 2 of 3 R/CR.A/414/2012 ORDER (R.D.KOTHARI, J.) karim Page 3 of 3