GOPAL @ BABBU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition has been filed by the accused-petitioner under Sec. 397 of Cr.P.C. assailing the judgment of conviction and sentence dtd. 16/4/2005 passed by the Court of learned Additional Chief Judicial Magistrate No. 2, Alwar (for short Rs.the Trial Court') in Criminal Case No. 383/2003, whereby the Trial Court convicted and sentenced the accused-petitioner for the offence punishable under Sec. 457 IPC to undergo three years' simple imprisonment and a fine of Rs. 1000/- and in default of payment of fine to further undergo fifteen days' simple imprisonment and for offence punishable under Sec. 380 IPC to undergo three years simple imprisonment and a fine of Rs. 1000/- and default of payment of fine to further undergo fifteen days' simple imprisonment. The petitioner has further challenged the judgment dtd. 8/2/2006 passed by the Court of learned Court of Shree Ravindra Kumar Maheshwari, R.H.J.S., Additional Sessions Judge (Fast Track) No. 1, Alwar, District alwar (Raj (hereinafter is to be referred to as Rs.the Appellate Court') in Criminal Appeal bearing No. 14/2005 (88/05), whereby the learned Appellate Court dismissed the said appeal and affirmed the order dtd. 16/4/2005 passed by the Trial Court.

(2.) On filing of this revision petition, the sentence awarded to the accused petitioner was suspended vide order dtd. 4/5/2006 and he was released on bail.

(3.) Learned Counsel appearing on behalf of the accused petitioner instead of arguing the revision petition on its merits with regard to challenge to the conviction and sentence, confines his arguments for grant of benefit of probation to the petitioner under the provisions of Probation of Offenders Act, 1958 (hereinafter referred to as Rs.the Act of 1958'). Counsel further submits that the accused-petitioner is living peacefully in the society without there being any criminal antecedents to his discredit. Counsel further submits that the accused- petitioner has faced trauma of trial for about twenty two years. Thus, from the last about 22 years, the accused petitioner is facing mental agony and harassment because of pendency of criminal case registered against him. Thus, taking into consideration the aforesaid facts, the accused-petitioner may be given the benefit of probation under the provisions of the Act of 1958.