RAM RATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this criminal revision petition under Section 397 read with Section 401 Cr. P. C. , the petitioner has challenged the order dated 21. 2. 2002 passed by Sessions Judge, Merta, whereby the appeal filed by the petitioner was dismissed.

(2.) THE petitioner has challenged the order only to the extent that the trial court while extending the benefit of probation under Section 5 also extended benefit of Section 12 of the Probation of Offenders Act, 1958 (for short the Act) which relates to disqualification attached to the conviction. THE trial court held that the conviction would not adversely affect the service career of accused petitioner Ram Ratan. THE order of the trial court was modified by the appellate court. THE petitioner has challenged the order of the appellate court to the extent of its modifying the order of the trial court regarding grant of benefit of Section 12 of the Act.

(3.) THE law is settled by the Supreme Court that despite the accused having been released under the Probation of Offenders Act, stigma of the conviction is not wiped out on such release and punishment for misconduct of the accused, if he is in government service remains intact even if the benefit of Section 12 and Section 14 of the Act is granted stating therein that the conviction does not suffer disqualification.