PAWAN KUMAR Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 15.2.1999 of the Additional Sessions Judge, Shahdara, Delhi in Crl.A.14/1998 whereby the learned Judge dismissed the appeal while upholding the order of conviction, which appeal arose out of the order dated 7.10.1998 of the Metropolitan Magistrate whereby the learned Magistrate has held the appellant/petitioners herein guilty under Section 448/34 IPC and sentenced them to a fine of Rs.1000/- each and in default of payment of fine to further undergo S.I. for 30 days each.

(2.) Learned counsel for the petitioners submits that he does not wish to challenge the conviction on merits but submits that this is a fit case where accused who are first offenders and have already deposited the fine can be considered and admitted to the benefits of the Probation of Offenders Act. He submits that the incident took place as far back as on 1993. The petitioners have been facing the ordeal of trial for over 11 years and there has been no untoward incident nor any complaint against them. Learned counsel for the State submits that in the facts and circumstances of this case she would not be averse to the benefits of the Probation of Offenders Act being extended to the petitioners.

(3.) Having heard learned counsel for the parties and having given my careful consideration to the material available on record, I am of the view that in the present case, the petitioners have suffered the agony of trial lasting for about 11 years. Besides that, they are in judicial custody and there is no allegation that the petitioners are previous convicts.