STATE Vs. SOMDEV SINGH

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 2. 11. 2002 passed by learned Addl. Civil Judge (Sr. Division) & Addl. Chief Judicial Magistrate, No. 5, Jaipur City, Jaipur (hereinafter to be referred as `the learned trial Court') in Case No. 921/2002 by which he acquitted the accused-respondent for the offence under Sections 279, 337 & 338 IPC and released on probation by giving benefit under Section 3 of the Probation of Offenders Act.

(2.) IN brief, the facts of the case are as under:- On 2. 11. 2002 the accused respondent has pleaded guilty for the offence under Sections 279, 337 and 338 IPC. After pleading guilt the learned trial Court has released the accused-respondent on probation by giving benefit under Section 3 of the Probation of Offenders Act and imposed a cost of Rs. 1000/ -.

(3.) HE has also contended that the accused respondent had already deposited Rs. 1000/- as a cost in the Court and he has been released on probation. HE has further contended that the accused-respondent had already completed his probation period and, therefore is nothing remains more. HE has further draw the attention of this Court that the accused-respondent confessed his offence in the Lok Adalat. Lastly he has urged that the accused -respondent is facing the trial from last several years which is tentamounts to punishment.