Reyazul Ansari @ Riyazul Ansari vs State Of Jharkhand

Gautam Kumar Choudhary, J

Heard learned counsel for the appellant and learned counsel for the State.

Appellant is before this Court against the judgment of conviction and order of sentence passed in Session Trial No. 36 of 2015, whereby and whereunder, he has been convicted for offence punishable under Section 354(A) of the IPC and sentenced to rigorous imprisonment for two years and a fine of Rs. 10,000/- in the event of default of payment of fine a further sentence of one month has been inflicted.

Learned counsel appearing on behalf of the appellant confines his argument on the point of sentence.

It is submitted that it is a case of first offender for an offence in which the maximum sentence is three years and therefore, the appellant is entitled to the benefits of Probation of Offenders Act, 1958. No gainful purpose will be served by sending the appellant to prison more than twelve years after the said incidence and penological purpose will not be served.

Learned A.P.P. for the State opposed the prayer for release of the appellant under the provision of Probation of Offenders Act, 1958. It is contended that the matter involves outraging the modesty of a tribal girl when she was returning from her workplace. The appellant had in fact attempted to commit rape by dragging her to a nearby pond.

Having considered the submissions advanced, this Court is of the view that the considering the nature of offence, the appellant is not entitled to the benefits of Probation of Offenders Act, 1958. Hon'ble Supreme Court in Azhar Ali V. State of West Bengal (2013) 10 SCC 31 which was a case under Section 354 of the IPC, held that considering the heinous nature of crime the appellant was not entitled to Probation of Offenders Act, 1958.

In any crime it is not only an individual who is a victim, but also the society at large. Therefore, considering the nature of the offence and the contemporary crime scenario against woman, this Court is of the view that it will not serve ends of justice to enlarge the appellant by giving benefit of the provision of Probation of Offenders Act, 1958.

However, considering the age, criminal antecedent and overall facts and circumstances of the case, the rigorous imprisonment of two years is reduced to that of one year. However, the fine amount is increased from Rs. 10,000/- to Rs.50,000/- and the said fine amount will be paid to the victim girl. In the event of default of payment of fine, the appellant will serve the sentence of one month simple imprisonment.

With this modification in sentence, this appeal stands dismissed. Pending I.A., if any, stands disposed of..