B.N. KARIA, J.

1. The present appeal is preferred by the appellant-State of Gujarat under Section 377 of the Code of Criminal Procedure, 1973, against the order of granting the benefit to the accused under the Probation of Offenders Act and under Section 360 of the Cr.P.C, passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Rajkot dated 31.03.2005 in Sessions Case No. 21 of 2003.

2. The facts leading to filing of the present appeal are as under :-

2.1 On 02.10.1998 at about 21:00 hrs, when the complainant victim girl was present in her room No. 2/15 situated at New Thorala Street, the accused had entered into the room armed with knife and started abusing and beating up the victim. Thereafter, he tried to have sexual intercourse with the victim -complainant forcibly and thereby he committed offences alleged and charged against him.

2.2 Initially, on 02.10.1998, a complaint in respect of the aforesaid incident was lodged with ‘B’ Division Police Station, Rajkot, for the offences punishable under Section 452, 54, 509, 504, 323, and 511 of Indian Penal Code and also under Section 135 of the Bombay Police Act. The Investigating Officer on 03.10.1998, submitted h