IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Rev.No.123 of 2009
Date of Decision:- 13.08.2009
Savita ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
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Present:- Mr.Ajai Jain, Advocate, for the petitioner.
Mr.Yash Pal Malik, AAG, Haryana.
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AUGUSTINE GEORGE MASIH, J. (Oral)
Counsel for the petitioner contends that there were multiple
injuries inflicted to the complainant but still the Court below while
upholding the conviction ordered the release of the respondents-accused on
probation exercising the powers under Section 360 Cr.P.C. He contends
that once the conviction has been upheld by the Court, then at least the fine
should have been increased by it.
Having regard to the facts of the present case and on the perusal
of the order passed by the Additional Sessions Judge, Rewari dated
17.10.2008, I find that the impugned order is fully justified and does not
call for any interference by this Court. The learned trial Court while
considering the age of Gyani Ram, whose age is about 65 years, and his
wife being a handicap, Sudhir who was a juvenile besides the fact that
Sudershan Kumar was the only sole bread earner of the family and was also
married, rightly gave the benefit of the probation to the respondents-accused
The reasons which have been assigned for exercising the said powers by
Crl.Rev.No.123 of 2009 -2-
the learned Additional Sessions Judge, Rewari are fully justified and do not
call for any interference by this Court.
In view of the above, the present petition stands dismissed.
August 13, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE