DEEPAK KUMAR Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 17.10.2000 passed by the learned Additional Sessions Judge, New Delhi dismissing the appeal arising out of the order of the Metropolitan Magistrate upholding the conviction of the petitioner and sentencing him to undergo R.I. For two years with a fine of Rs.2,500/- each under Section 120-B, 409, 467,471 IPC.

(2.) Learned counsel for the petitioner submits that he does not wish to challenge the conviction on merits but submits that this is a fit case where accused can be admitted to the benefit of the Probation of Offenders Act. He submits that the incident took place as far back as on 1985.

(3.) The petitioner has been facing the ordeal of trial for over 20 years and that he has now settled down as useful citizen and that there has been no untoward incident nor any complaint against him. He further submits that the petitioner has been on bail since 17th October, 2000 after suffering incarceration. Learned counsel for the State submits that in the facts and circumstances of this case he would not be averse to the benefit of the Probation of Offenders Act being extended to the petitioner.