P.K.LOHRA,J. - (1.) Petitioner-complainant has preferred this revision petition under Section 397/401 Cr.P.C. and section 11(4) of the Probation of Offenders Act to challenge judgment dated 12.09.2016, passed by learned Special Judge (SC/ST Cases), Udaipur (for short, 'learned appellate Court') to the extent of granting benefit of section 4(1) of Probation of Offenders Act to the accused respondents as well as adequacy of the amount of compensation awarded under Section 357 Cr.P.C., 1973
(2.) Brief facts of the case are that petitioner-complainant lodged a written report at Police Station Vallabh Nagar on 05.05.2010 with the averments that on that day, at about 3:00 pm, the accused persons, viz., Bablu, Sikander, Shokat, Abdul and Allanur entered in her house having sword, lathi and sticks etc. in their hands and belaboured her and Taskin. On report, the Police registered FIR No.73/2010 and after completion of investigation filed charge-sheet against the accused persons. The learned trial Court framed the charges against accused persons for the offences under Section 147, 148, 448, 323/149, 325/149 IPC. In support of its case, prosecution examined as many as 11 witnesses including the statement of petitioner-complainant as PW1 and also exhibited certain documents. After completion of the prosecution evidence, the accused persons were examined under Section 313 Cr.P.C., 1973 in which they denied the allegations levelled against them, however, they did not opt to produce any evidence in support of their case. After hearing arguments of both the sides, learned trial Court acquitted accused-respondents for offence under Sections 148, 448, 325/149 IPC and convicted them for offence under Sections 147, 323/149 IPC, however granted them benefit of section 4(1) of the Probation of Offenders Act vide order dated 02.02.2015.
(3.) Aggrieved by the order dated 02.02.2015, the petitioner-complainant preferred an appeal before the learned appellate Court, which vide its order impugned though maintained conviction of the accused-respondents for offences under Sections 448 and 325/149 IPC but released them by granting benefit of section 4(1) of the Probation of Offenders Act while imposing certain conditions.;