- (1.) HEARD Mr.L.D.Khatri, learned counsel for the petitioner and Mr.A.R.Nikub, learned Public Prosecutor.
(2.) THE facts in brief necessary to be noted are that on 14.9.1997 at about 6.30 AM, one Himmat Singh submitted a written report before the Police Station, Jaisalmer, alleging that while his sister in law alongwith her children was sleeping in the house in the previous night at about 1.30 AM, he heard hue and cry and having reached the place of occurrence, apprehended the petitioner thereat. On necessary enquiries, his sister in law Khetu Kanwar accused the petitioner of having caught her hand while she was sleeping. On the report, the police submitted a chargesheet for the offences u/ss.457 and 354 IPC. The petitioner denied the charges for which the trial followed. At the trial, the prosecutrix and other witnesses were examined. The petitioner in his statement u/s.313 CrPC denied the charge. He further examined two witnesses in defence.
(3.) AT the conclusion of the trial, the court below though convicted him for both the offences, granted him the benefit of Section 4 of the Probation of Offenders Act, 1958 (for short hereinafter referred to as "the Act"). He was thereby required to execute a bond of Rs.5000/ undertaking to keep peace and to maintain good behaviour for a period of two years and not to repeat the same offences. He was also ordered to give an undertaking that he would be required to present himself before the court at any time when called for and suffer the sentence, that would be awarded.;