TAUFIQ AHMAD & ANOTHER Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-2-29
HIGH COURT OF UTTARAKHAND
Decided on February 06,2012

Taufiq Ahmad And Another Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

U.C. Dhyani, J. - (1.) THIS criminal revision No. 09 of 2012 has been filed by the revisionists Taufiq Ahmad and Habib against the judgement and order dated 25.1.2012, passed by the Sessions Judge, Champawat in Criminal Appeal No. 07 of 2010 arising out of the judgement and order dated 23.4.2010, passed by the Chief Judicial Magistrate, Champawat in Criminal Case No. 19 of 2009, State vs. Taufiq Ahmad & Another, whereby the accused/revisionists have been convicted for the offence under Section 6(1) of the Uttarakhand Protection of Cow Progeny Act, 2007 and each of the accused revisionists, in accordance with the punishment provided under Section 11(2) of the Act, have been sentenced to undergo simple imprisonment for one year along with fine of rupees 40,000/ - each, in default, to undergo six months' further imprisonment. However, the learned Sessions Judge, Champawat has reduced the period of sentence, imposed for the default of payment of fine, from six months' further imprisonment to three months' further imprisonment.
(2.) INSTEAD of arguing the revision on merit, learned counsel for the revisionists made a prayer that the revisionists Taufiq Ahmad and Habib be granted benefit of Probation of Offenders Act, 1958. Shri Shivanand Bhatt, learned brief holder for the State has submitted that the revision is liable to be dismissed. I have perused the impugned judgment and order, passed by the learned Sessions Judge, Champawat. There is substance in the argument of learned brief holder, to which learned Counsel for the revisionists does agree. Hence, the revision is liable to be dismissed on merits.
(3.) THE next question arises as to whether the accused persons/revisionists should be granted benefit of the Probation of Offenders Act, 1958?;


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