BHAWANI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused-appellant against the judgment dtd. 6/4/2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali in Sessions Case No.20/2015 whereby the learned trial court though convicted the accused-appellant for the offences under Ss. 341 and 323/34 of the IPC, but given benefit of Sec. 4 and 5 of the Probation of Offenders Act.

(2.) The grievance of the accused-appellant is that the learned trial court has not given the benefit of Sec. 12 of the Probation of Offenders Act to the accused-appellant despite the fact that there was ample documentary evidence on record to show that the accused-appellant was aspirant for government job.

(3.) Learned counsel for the accused-appellant submitted that at the time of arguments before the learned trial court, the counsel appearing for the accused-appellant requested the learned trial court so as to give benefit of Sec. 12 of the Probation of Offenders Act, but the learned trial court has not paid any heed to the just and proper request made on behalf of the accused-appellant.