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2021 Supreme(Guj) 678

UMESH A. TRIVEDI
NATHABHAI MULUBHAI BABRIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MALAYKUMAR S PATEL
For the Respondent: SIDDHANT R SHAH

JUDGMENT :

1. This revision application is filed by the original first informant under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) praying for quashing and setting aside the impugned order, whereby benefit of probation for a period of five years was granted to respondent No.2 – original accused, who came to be convicted for an offence under Section 324 of the Indian Penal Code, as also under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act”), and directed to undergo three years’ simple imprisonment for an offence under Section 324 of the Indian Penal Code, as also five years’ simple imprisonment for an offence under Section 3(1)(x) of “the Act” with fine. As such, as recorded in the impugned order, after pronouncing the conviction and sentence, instead of sending respondent No.2 – accused into custody, he was ordered to be released on probation for a period of five years.

2. The petitioner is the original first informant, who registered an FIR against respondent No.2 – accused, as pursuant to an application made to the Mines and M

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