MOHAN Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) A letter has been received from Mohan, a convicted prisoner of Central Jail, Udaipur. The said letter has been treated as a Letter Petition by this Court. Vide order dated 23.01.2012, this Court had appointed Mr. Arpit Bhoot as Amicus Curiae.

(2.) Mr. Arpit Bhoot has submitted that vide judgment dated 06.02.2009 passed by Addl. Sessions Judge (Fast Track) No.1, Udaipur, the petitioner was convicted for offence under Section 376 (2)(f) IPC and was sentenced to ten years of rigorous imprisonment. Out of his sentence of ten years, the petitioner has already completed a total of three years, eight months, and ten days. Although the petitioner was eligible for being released on his first parole of twenty days under the Rajasthan Prisoners (Release on Parole) Rules, 1958 ('the Rules', for short) his case has been rejected ostensibly on the ground that the reports of the Superintendent of Police, and the Superintendent, Central Jail, Udaipur, are against him. According to the learned counsel, such reports should not be accepted mechanically by the Parole Committee. In order to buttress this contention, the learned counsel has relied upon the case of Paras Ram & Anr. Vs. State of Rajasthan, 2000 1 WLC(Raj) 129.

(3.) Thrice, this Court had asked the Public Prosecutor to produce a detailed report from the Superintendent, Central Jail, Udaipur. However, so far the report has not been produced before this Court.