FAROOQ HASSAN, J. - (1.) THIS revision petition is directed against the order of the Addl. Sessions Judge, Alwar (Camp -Behror) passed in Criminal Appeal No. 1773/83 whereby he dismissed the appeal of the accused -petitioners and confirmed the judgment of the Munsif and Judicial Magistrate, Behror dated 17 -7 -1982. The accused petitioners were sentenced to fine only.
(2.) HEARD learned Counsel for the parties and perused the record. Learned counsel for the petitioners without challenging the merits of the case simply submitted that looking to the concurrent finding of fact the accused petitioners should be given the benefit of probation under the Probation of Offenders Act, 1958. Both the courts below did not give any special reasons as is necessary under the provisions of Section 360 and 361, Cr.PC while disallowing the request for the benefit of probation under the Probation of Offenders Act, 1958 (here in after referred to as the Act of 1958). Learned counsel submits that there are circumstances under which the petitioners can be given the benefit of probation.
(3.) LEARNED Public Prosecutor submitted that the accused -petitioners can be given the benefit of probation but the complainant should be compensated.;