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Judgment
By way of this appeal under Section 377 Cr.P.C. which is time
barred by 5 days, the State of Rajasthan seeks to assail the
judgment dated 14.7.2016 passed by the learned Special Judge,
SC/ST (Prevention of Atrocities Cases) Sri Ganganagar in Sessions
Case No. 41/2013 to question the adequacy of sentence awarded
to the respondent Ranjeet Singh @ Ramni.
The trial Judge held the respondent Ranjeet Singh guilty for
the offence under Section 341, 323 and 325 IPC and extended
him benefit of Probation of Offenders Act . The offences for which
the respondent was convicted carry a maximum sentence of 7
years. In absence of any adverse circumstances viz. Previous
criminal conduct which could deprive the respondent from claiming
such benefit, there was hardly anything on record to deny him
the benefit of mandatory provisions of Section 4 of the Probation
of Offenders Act. Learned trial Judge apparently committed no
error in extending benefit of probation to the respondent under
Section 4 of the Probation of Offenders Act to the respondent.
Otherwise also the judgment under which the respondent was
given benefit of Section 4 of the Probation of Offenders Act and
can only be challenged by way of an appeal under Section 11 of
the Probation of Offenders Act whereas the instant appeal has
been preferred under Section 377 Cr.P.C. as such the same is not
maintainable.
Consequently, the appeal is dismissed as being devoid of
merit as well as barred by limitation so also on the ground of
maintainability.