B.R. Arora, J. - (1.) THIS appeal is directed against the judgment dated January 13,1980, passed by the Sessions Judge, Pratabgarh, convicting the appellant Under Sections 353 and 186, I.P.C.
(2.) APPELLANT Faiyaz was tried by the learned Sessions Judge, Pratabgarh, for offences Under Sections 364, 332 and 186 I.P.C. and the learned Sessions Judge, after trial, convicted the appellant Under Sections 353 and 186 I.P.C. and sentenced him to undergo two months rigorous imprisonment and a fine of Rs. 100/ - and in default of the payment of fine to further undergo one month's rigorous imprisonment Under Section 353 I.P.C. and one month's rigorous imprisonment and a fine of Rs. 50/ - and in default of payment of fine to further undergo fifteen days' rigorous imprisonment Under Section 186 I.P.C. It is against this judgment that the accused has filed this appeal. The learned counsel for the appellant does not challenge the conviction of the appellant Under Sections 353 and 186 I.P.C. and submits that the learned lower Court has committed an error in not giving the benefit of probation to the accused -appellant. The learned Public Prosecutor, on the other hand, has supported the judgment passed by the learned lower Court.
(3.) I have considered the rival submissions made by the learned counsel for the parties.;