SOMALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused petitioner is a widow and has been convicted under Sec. 4(2) of the Rajasthan Prohibition Act, 1969. She was convicted on a plea of gilt as she was found in possession of one bottle of illicit liquor.

(2.) The only submission in this revision petition is that though the offence under Sec. 4 (2) of the Act is punishable with three years imprisonment of either description and with a minimum of six months' imprisonment but it does not exclude the applicability of the provisions of S. 360 Crimial P.C. or Probation of Offenders Act. Therefore, looking to the fact that only one bottle of liquor was found in possession of the accused-petitioner and she is a widow having two children to support and no arrangements have been made for support of such widows, she, under the circumstances, was compelled to commit an offence. The learned courts below have refused to extend the benefit of Sec. 360 Crimial P.C. or of the provisions of Probation of Offenders Act 1959 to the petitioner on the ground that the offence is against the policy of the S ate Government. Unless any Act Excludes the applicability of Sec. 360 Crimial P.C. or the Probation of Offender-Act the mere fact that the minimum sentence prescribed for the offence is six months or so, is not sufficient to refuse the benefit of the provision of the Probation of the Offenders Act. It will depend on the facts and circumstances of each case as to whether benefit of the above mentioned provisions should be extended to the accused or not.

(3.) In the instant case, the accused petitioner is a widow having two children to support. She admitted the guilt when the plea was read over to her and, therefore, there appears to be no reason as to why the case or the accused petitioner should not be dealt with under section 360 Crimial P.C. or under the provisions of the Probation of Offenders Act. there is no proof of previous conviction against the petitioner. Therefore, though the revision petition is dismissed on merits, but having regard to the fact that the accused petitioner is widow having two children to support and further having regard to the circumstance that only one bottle of liquor was recovered from her possession, it is a fit case which may be dealt with under the probation of Offenders Act.