Bhawani Singh vs State Of Rajasthan

Madan Gopal Vyas, J

IA No.1/2022:

For the reasons stated, the application seeking treating the appeal under Section 11 of the Probation of Offenders Act, is allowed.

The present appeal is treated to be filed under Section 11 of the Probation of Offenders Act.

S.B. Cr. Appeal No.124/2022:

The present criminal appeal has been preferred by the accused-appellant against the judgment dated 6.4.2021 passed by the learned Special Judge,

SC/ST (Prevention of Atrocities) Cases, Pali in Sessions Case No.20/2015 whereby the learned trial court though convicted the accused-appellant for

the offences under Sections 341 and 323/34 of the IPC, but given benefit of Section 4 and 5 of the Probation of Offenders Act.

The grievance of the accused-appellant is that the learned trial court has not given the benefit of Section 12 of the Probation of Offenders Act to the

accused-appellant despite the fact that there was ample documentary evidence on record to show that the accused-appellant was aspirant for

government job.

Learned counsel for the accused-appellant submitted that at the time of arguments before the learned trial court, the counsel appearing for the

accused-appellant requested the learned trial court so as to give benefit of Section 12 of the Probation of Offenders Act, but the learned trial court has

not paid any heed to the just and proper request made on behalf of the accused-appellant.

Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant.

Heard the learned counsel for the accused-appellant as well as learned Public Prosecutor and perused the material placed before the Court.

Section 12 of the Probation of Offenders Act is reproduced as under:-

“Section 12- Removal of disqualification attaching to conviction- Notwithstanding anything contained in any other law, a person found guilty of any

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 under Section 4 is subsequently sentenced for the original offence.â€​

In the present case, admittedly, the accused-appellant was convicted for the offence under Section 341 and 323/34 of the Indian Penal Code, 1860

— Section

and was also given benefit of Section 4 and 5 of the Probation of Offenders Act and that he was aspirant for government job,

therefore, the learned trial court ought to have give the benefit of Section 12 of the Probation of Offenders Act to the accused-appellant while taking a

lenient view, but the learned trial court failed to give such benefit to the accused-appellant.

In this view of the matter, the present appeal is allowed. The impugned judgment dated 6.4.2021 passed by the learned trial court is modified to the

extent that the accused-appellant is entitled to get the benefit of provisions of Section 12 of the Probation of Offenders Act and it is held that there

shall not be any disqualification attaching to the present conviction order passed against the accused-appellant by the learned trial court.

The stay application also stands disposed of accordingly.