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Judgment
By way of this appeal under Section 377 Cr.P.C. which is time barred by 5 days, the State of Rajasthan seeks to assail the judgment dated 14.7.2016 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases) Sri Ganganagar in Sessions Case No. 41/2013 to question the adequacy of sentence awarded to the respondent Ranjeet Singh @ Ramni.
The trial Judge held the respondent Ranjeet Singh guilty for the offence under Section 341, 323 and 325 IPC and extended him benefit of Probation of Offenders Act . The offences for which the respondent was convicted carry a maximum sentence of 7
years. In absence of any adverse circumstances viz. Previous criminal conduct which could deprive the respondent from claiming such benefit, there was hardly anything on record to deny him the benefit of mandatory provisions of Section 4 of the Probation of Offenders Act. Learned trial Judge apparently committed no error in extending benefit of probation to the respondent under Section 4 of the Probation of Offenders Act to the respondent.
Otherwise also the judgment under which the respondent was given benefit of Section 4 of the Probation of Offenders Act and can only be challenged by way of an appeal under Section 11 of the Probation of Offenders Act whereas the instant appeal has been preferred under Section 377 Cr.P.C. as such the same is not maintainable.
Consequently, the appeal is dismissed as being devoid of merit as well as barred by limitation so also on the ground of maintainability.