Parbhu Dayal vs State of Haryana

R.L. Anand, J.

After hearing the learned counsel for the petitioner at a considerable length, notice to the State only to a limited extent whether the petitioner should be granted probation or not.

On the asking of this Court Shri Shailender Singh, D.A.G. Haryana accepts notice on behalf of the State.

The petitioner was convicted for the offence under Section 354 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for three months. Appeal before the Court of Sessions was rejected in toto and the conviction and sentence recorded by the Judicial Magistrate 1st Class, Siwani, was maintained. Aggrieved by the decision of the two Courts, present revision has been filed by the petitioner.

After hearing the learned counsel for the petitioner, who made an endeavour for admission of the revision, I am convicted that so far as the conviction aspect is concerned, both the judgments of the Courts below are sound, though there was a small discrepancy with regard to the undergarment being worn by the prosecutrix. As per the prosecutrix she was wearing a frock and then an undergarment. As per the mother of the prosecutrix, the latter was wearing salwar. The discrepancy which has been highlighted by the learned counsel for the petitioner was trivial in nature, which had nothing to do with the main allegations of the prosecution.

Learned counsel for the petitioner in the alternative submitted that the petitioner is an old person of 57 years and is on the verge of retirement. He has five daughters and one of the daughters is married and has children. The petitioner is likely to lose his job. It has also been submitted by the learned counsel for the petitioner, that the petitioner has also served in the Army. Learned counsel for the petitioner has made a prayer that the petitioner may be released on probation.

The petitioner is a man of 57 years and is likely to lose his job. Resultantly, I modify the substantive sentence of the petitioner and grant him probation by ordering that the petitioner shall execute bail bonds and surety bonds in the amount of Rs. 5,000/ in the Court of Chief Judicial Magistrate, Bhiwani, for a period of one year, undertaking that during this period of one year he shall not commit any offence and shall keep the peace and be of good behaviour. In case the petitioner commits any breach of the surety/bail bond, he shall receive the sentence as and when called upon by the Court. The petitioner shall also pay a sum of Rs. 3,000/ by way of compensation to the family of the prosecutrix. It is ordered that the petitioner be released forthwith so that he may be able to execute the necessary bail bonds and surety bonds in the Court of Chief Judicial Magistrate, Bhiwani.