Cr.Appeal No.629/2001. 27.11.2008. Present: Mr.J.S. Guleria, Law Officer, for the appellant. Convicts/Respondents with Mr. Rakesh Thakur, Advocate. ORDER: Heard on the point of sentence. Statements of the convicts-respondents have been recorded. Report of the Probation Officer was called for, which has been perused. The respondents-convicts stand convicted for the offence under sections 323 and 324 read with Section 34 of the Indian Penal Code. There is no criminal history to their discredit. The convicts belong to a poor family and are at the advanced stages. They have three sons. The marriage of the eldest son is fixed for 8th December, 2008, whereas, two others are unmarried. Their married daughter is in the family way and now residing in their village. Thus, keeping in view the above stated position, the exaggerating and exonerating circumstances and also looking at the fact that the incident had taken place in the year 1996, it is a fit case where the convicts can be given the benefit of Probation of Offenders Act. Accordingly, the convicts-respondents are ordered to be released by giving them the benefit of Section 4 of the Probation of Offenders Act, each of the convicts are hereby directed to execute the bonds for keeping the peace and be of a good behaviour for a period of one year from the day of execution of -2- the bond with a surety of the like amount, to the satisfaction of the learned trial court within a period of four weeks. In addition to it, the respondents shall deposit the amount of Rs.1,000/- as the costs of the proceedings and Rs.2,000/- (Rs.1,000/- by each of the respondents) as compensation within four weeks in the trial court within the period aforesaid, failing which it shall be recoverable as an arrear of land revenue. The compensation amount if recovered shall be paid to the complainant Hakmi Devi. Let a copy of this order be given dasti to the convicts. Record of the case be sent down, with a copy of judgment and this order for information and necessary action. November 27,2008. (Surinder Singh),J. (Pds)