Ranjit Singh and Others vs State of Haryana

Harbans Singh Rai, J.—The only short point involved in this revision petition is whether the Courts below were justified in awarding compensation to the injured while releasing the petitioners on probation. The petitioners were tried and convicted by Shri B.S. Rawat, Sub-Divisional Judicial Magistrate, Fatehpur, and were ordered to be released on probation u/s 4(1) of the Probation of Offenders Act, 1958, and also ordered that they should pay Rs. 10000/- as compensation to the injured person vide his order dated January 11, 1985. The learned Sessions Judge, Hissar, while deciding the case in appeal maintained the conviction and release of the petitioners on probation, but reduced the amount of compensation from Rs. 10000/- to Rs. 7000/- Aggrieved with this order, the petitioners have filed this revision petition.

Section 5 of the Probation of Offenders Act. 1958. reads as under : --

"5. Power of Court to require release offenders to pay compensation and costs : --

(1) The Court directing the release of an offender u/s 3 or Section 4 may, if it thinks fit make at the same time a further order directing him to pay --

(a) such compensation as the Court thinks reasonable for loss or injury caused to any person by the commission of the offence; and

(b) such costs of the proceedings as the Court thinks reasonable.

(2) The amount ordered to be paid under Sub-section (1) may be recovered as a fine in accordance with the provisions of Sections 386 and 387 of the Code.

(3) A Civil Court trying any suit, arising out of the same matter for which the offender is prosecuted, shall take into account any amount paid or recovered as compensation under Sub-section (1) in awarding damages."

In view of the provisions contained in Section 5 the Courts below were competent to award compensation. There is no infirmity in the orders passed by the Courts below. This revision has no force and the same is dismissed.