NAZIM HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision has been filed by the petitioner against the judgment dated 5.12.2001 passed by Special Judge, SC/ST Cases, Tonk in Cr. Appeal No. 9/2000, whereby the appeal filed by the petitioner has been dismissed and the judgment dated 9.5.2000 passed by Addl. Chief Judicial Magistrate, Tonk in Cr. Case No. 141/1996, convicting the petitioner for the offence under Section 279, 337, 338 and 304A IPC and sentencing him as under, has been affirmed.

(2.) Without going into the merits of the case, learned counsel for the petitioner has contended that he is not challenging the conviction part of the judgments of the courts below, but he is only requesting to this Court that looking to the fact the matter pertains to the year 1996 which is about 18 years ago from today approximately, the accused petitioner has remained in confinement for about 7 days; the petitioner belongs to a respectable family, having a large family dependent upon him; and he is not the habitual offender; either he should be given the benefit of probation and if not, then he should be released for the period already undergone by him in confinement, as indicated here-in-above.

(3.) Learned PP appearing for the State has opposed the same.