Arjunlal Sharma vs State of Rajasthan

R.S. Chauhan, J.—The accused-petitioner, Arjunlal Sharma, has approached this Court with an extremely limited prayer that the benefit of Section 12 of the Probation of Offenders Act, 1958 [herein referred as ''the Act''], should be extended to him. The brief facts of the case are that in the year 1998 when the petitioner was merely eighteen years and a month old, he was implicated in a criminal case. Subsequently, he was tried along with other co-accused persons. During the course of the trial, a compromise was entered into between the complainant-party and the accused-persons. On the basis of the compromise, by judgment dated 06.03.1999, the petitioner and others were granted the benefit of Section 3 of the Act.

After completion of the trial, the petitioner passed Senior Secondary Examination and did Diploma Course in Electrical. Subsequently, he applied for the post falling in "Grade-D" under the North West Railways. The petitioner has been selected for the said post. The appointment letter dated 16.04.2013 has been issued in his favour. However, now he apprehends that since Police verification is about to take place, he may be disqualified on the ground that he was convicted in a criminal case. Therefore, his limited prayer is that since the trial Court did not declare in its judgment that the benefit of Section 12 of the Act would be available to him, the same declaration should be made by this Court.

The learned Public Prosecutor for the State, has contended that the declaration with regard to Section 12 of the Act should have been made in the judgment itself.

Heard the learned counsel for the parties.

It is, indeed, trite to state that the Act is social beneficial piece of legislation. The Act forms part of the reformatory theory of punishment. The Act was made with the sole aim of giving the young offender a chance to reform himself, and to progress in his life. In case, an offence happens to be first one committed by him, looking to his tender age the Act gives them a chance to reform and redeem themselves.

Section 12 of the Act reads as under:--

Removal of disqualification attaching to conviction.-- Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law:

Provided that nothing in this section shall apply to a person who, after his release u/s 4 is subsequently sentenced for the original offence.

Since the petitioner has been granted the benefit of Section 3 of the Act, since he has already educated himself to the extent of seeking a job with the North-West Railways, since he seems to have reformed himself to the extent that he is a law abiding citizen, who has not reverted back to any criminal activities, this Court declares that the benefit of Section 12 of the Act should be extended to him. Thus, the conviction recorded against him should not come in the way as a disqualification.

Although, Section is very clear and is applicable to the world at large, but still this Court is being flouted by cases, like the present one, where the petitioner has prayed that the benefit of Section 12 of the Act should be extended to him/her. In order to reduce the number of such cases, this Court directs the Judicial Officers to make a declaration in their judgment with regard to Section 12 of the Act while granting the benefit of Sections 3 and 4 of the Act to an offender. In case, such a declaration is expressly made in the judgment, it would save this Court from entertaining and dealing with cases like the present one.

The Registrar General is directed to send a copy of this order to all the District Judges for circulation to all the Judicial Officers. With the aforesaid directions, the petition is, hereby, disposed of.