HARIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide judgment dtd. 12/6/2024 passed by learned Sessions Judge, Tonk in Sessions Case No. 29/2018, the appellant herein has been convicted and sentenced as below:--

(2.) The appellant has preferred the instant criminal appeal under Sec. 415 of Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023, challenging his conviction and sentence, as mentioned above.

(3.) At the threshold, learned Counsel for the accused-appellant submits that he does not challenge the finding of conviction as recorded by the learned Trial Court however, makes a limited prayer that the accused-appellant may be granted benefit under Ss. 4 & 12 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act'). It is argued that the appellant has not been previously convicted in any other criminal case and he has no criminal antecedents. It is also argued that considering the fact that the appellant has already suffered incarceration in this case and has faced protracted trial for seven years, the learned Trial Court punished him with fine only but the learned Trial Court did not extend benefit of Ss. 4 & 12 of the Probation of Offenders Act. He also submits that the appellant is a young boy and has good academic record. Learned Counsel further submits that if the appellant is not granted benefit of probation under Ss. 4 & 12 of the Probation of Offenders Act, his whole career will be ruined. Reliance has been placed upon the judgment passed by Co-ordinate Bench of this Court at Principal Seat, Jodhpur in the case of Manohar Lal & Ors. Vs. State of Rajasthan decided on 23/5/2022 in Criminal Appeal No. 626 of 2000 wherein the appeal was partly allowed by extending the benefit of Sec. 4 of Probation of Offenders Act, 1958 to the accused-appellant. Learned Counsel argues that it is settled law that a convict upon being granted benefit of Ss. 3 & 4 of Probation of Offenders Act, would automatically receive benefit of Sec. 12 of the Act.