Ramjilal vs State of Rajasthan

R.S. Chauhan, J.—The Petitioner has challenged the judgment dated 29.05.2007, passed by the District and Sessions Judge, Dausa, whereby the learned Judge has upheld the conviction of the Petitioner for offences under Sections 325 & 341 and 323 & 341 IPC, but has granted the benefit of Section 4 of the Probation of Offenders Act (''the Act'', for short).

Mr. S.P. Sharma, Sr. Advocate, the learned Counsel for the Petitioner, has vehemently contended that since the Petitioner is a government servant, the order of conviction would be read against him, which may adversely affect his service record.

Heard the learned Counsel and perused the impugned order.

The submission made by the learned Counsel is misplaced in the light of Section 12 of the Act. Section 12 of the Act clearly states that "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". Therefore, once the benefit of probation has been given to the accused-Petitioner, any disqualification arising from upholding of the conviction cannot be read against him. Thus, obviously, the conviction of the Petitioner for offences under Sections 325 & 341 and 323 & 341 IPC cannot be read against him and cannot adversely affect his service career.

Hence, this Court does not find any illegality or perversity in the impugned judgment. This petition, being devoid of any merit is, hereby, dismissed.