IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1475 of 2001 Date of decision: 18th May, 2009 Manjit Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Bipan Ghai, Senior Advocate with Mr. Sandeep Gehlawat, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed by Manjit Singh son of Darshan Singh, resident of village Hussainpur, Police Station Sadar District Ludhiana. He was tried in case FIR No. 68 dated 26.10.1994 registered at Police Station Raikot under Sections 452, 323, 506, 34 IPC. He was convicted and sentenced by the Court of Judicial Magistrate (1st Class), Jagraon under Section 452 IPC to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default of payment of fine to undergo simple imprisonment for one month. He was further sentenced by the Court under Section 506 IPC to undergo rigorous imprisonment for two months. Petitioner was also sentenced under Section 323 IPC to undergo rigorous imprisonment for two months. Criminal Revision No. 1475 of 2001 Aggrieved against the judgment of conviction passed by the Judicial Magistrate (1st Class), Jagraon, petitioner had preferred an appeal. The same was also dismissed. Mr. Bipan Ghai, Senior Advocate assisted by Mr. Sandeep Gehlawat, has stated that petitioner has undergone the entire sentence and was released from jail before tiling of present revision petition, as he was held entitled to remissions granted by the State Government. Mr.Ghai has submitted that in view of the findings recorded by the two courts below, he will not be able to assail conviction of the petitioner but at the same time he has prayed that this Court should grant indulgence to the petitioner, who is a Government servant, as due to conviction, petitioner may loose his job. It has been submitted that petitioner has a large family to support. Learned counsel has further referred to the allegations against the petitioner and has stated that petitioner has caused only simple injury by giving slaps to Kulwinder Kaur and thrown her after catching her from her braid. Therefore, counsel has submitted that sections 452 and 323 IPC do not constitute any offence of moral turpitude. Counsel has submitted that in the present case, occurrence had taken place on 23rd October, 1994. Petitioner has already suffered a protracted trial or about 15 years. It is stated that at the time of occurrence, petitioner was about 29 years old. Now he is in the middle of his age and is about 44 years. Therefore, Mr.Bipan Ghai has stated that petitioner be released on probation under Probation of Offenders Act, 1958 (hereinafter referred to as, ‘the Act’), as petitioner is ready and willing to compensate the complainant also. Taking into consideration that petitioner will loose his job and he has caused only simple injury to Kulwinder Kaur falling under Section 323 IPC and the fact that his entry initially to the house of Kulwinder Kaur was not with a criminal intent to commit offence of trespass, I am of the view that ends of justice will be fully met in case petitioner is ordered to be 2 Criminal Revision No. 1475 of 2001 released on probation for a period of one year with direction that the petitioner, during the period of probation, shall maintain good conduct, peace and good behaviour. Needless to say, probation granted under the Act cannot be construed as a disqualification attached to the conviction under section 12 of the Act. At the same time, I am of the view that complainant Kulwinder Kaur ought to be compensated. Therefore, compensation of Rs.30,000/- is awarded in favour of Kulwinder Kaur. On deposit of amount of Rs.30,000/-, the trial Court shall release the petitioner on probation on furnishing necessary bonds. In case, amount of Rs.30,000/- is not deposited, no benefit of probation shall accrue to the petitioner. With these observations, present revision petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 18, 2009 rps 3