ARJUNLAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused -petitioner, Arjunlal Sharma, has approached this Court with an extremely limited prayer that the benefit of Section 12 of the Probation of Offenders Act, 1958 [herein referred as 'the Act'], should be extended to him. The brief facts of the case are that in the year 1998 when the petitioner was merely eighteen years and a month old, he was implicated in a criminal case. Subsequently, he was tried along with other co -accused persons. During the course of the trial, a compromise was entered into between the complainant -party and the accused -persons. On the basis of the compromise, by judgment dated 06.03.1999, the petitioner and others were granted the benefit of Section 3 of the Act.

(2.) AFTER completion of the trial, the petitioner passed Senior Secondary Examination and did Diploma Course in Electrical. Subsequently, he applied for the post falling in "Grade -D" under the North West Railways. The petitioner has been selected for the said post. The appointment letter dated 16.04.2013 has been issued in his favour. However, now he apprehends that since Police verification is about to take place, he may be disqualified on the ground that he was convicted in a criminal case. Therefore, his limited prayer is that since the trial Court did not declare in its judgment that the benefit of Section 12 of the Act would be available to him, the same declaration should be made by this Court.

(3.) HEARD the learned counsel for the parties.