H.R.PANWAR,J. - (1.) By order dated 10.5.2004, the appeal was posted for final hearing. With the consent of learned counsel for the parties, the appeal is finally heard and decided at the admission stage.
(2.) This criminal appeal under Section 11 of the Probation of Offenders Act, 1958 (for short 'the Act' hereinafter referred to) as directed against the judgment and order dated 3.12.2003 passed by Additional Sessions Judge (Fast Track), Jalore, Camp Bhinmal (for short 'the trial Court') in Sessions Case No. 82/2003 (2/2003) whereby the trial Court convicted the appellants for offences under sections 447, 323/34 and 325/34 IPC but instead of awarding substantive imprisonment, the appellants were released on probation under section 4(1) of the Act. However, the trial Court imposed a fine of Rs. 4,000/- upon each of the accused-appellants as prosecution expenses and -on such deposit being made, ordered to pay Rs. 10,000/- to the injured complainant as compensation. Aggrieved by the judgment and order impugned the appellants have filed the instant appeal.
(3.) I have heard learned counsel for the appellants and learned Public Prosecutor for the State. Perused the judgment and order impugned under the appeal. I have carefully gone through the record of the trial Court.;