Kanwaljit Singh Ahluwalia, J. - (1.) THE complainant -victim has filed present appeal to assail the order passed by Additional Sessions Judge, Sumerpur whereby respondents were released on probation under the provisions of Probation of Offenders Act, 1958. Briefly stated that appellants were tried by the Court of Additional Sessions Judge, Sumerpur for offence under Secs. 308, 148, 447, 323, 325 read with Section 149 IPC. The Court below granted benefit of doubt to the respondents for an offence under Sec. 308 IPC, however held the appellant guilty of offence under Sec. 148, 323, 325 read with Section 149 and 447 IPC
(2.) HAVING heard learned counsel on question of sentence the trial Court decided to release accused respondent on probation for a period of three years. Counsel appearing for the applicant -appellant/complainant/victim has submitted that it was incumbent for the Court below to consider character of the accused respondents before releasing them on probation. Counsel for the applicant appellant has relied upon Section 4 of Probation of Offenders Act 1958 which specifically state that the Court before releasing the accused on probation has to take into account nature of the offence and character of the offenders. Counsel for the applicant -appellant has referred to the additional affidavit filed in this Court in pursuance of the order dt. 7.09.2012 and submitted that accused respondents were facing trial in various cases for different offences at the relevant time. Furthermore no opportunity was granted to the applicant -appellant -complainant to prove that character of respondent is such that they are not entitled to probation.
(3.) COUNSEL appearing for the respondent no. 2 has submitted that the present appeal has been filed under Sec. 372 of the Cr.P.C. and hence same is not maintainable. It is submitted that the provisions of Probation of Offenders Act 1958 provide filing of an appeal against the order of probation. It is submitted that since appeal has not been filed under the provisions of Probation of Offenders Act, hence the present appeal is liable to be dismissed.;