(1.) HEARD learned counsel for the petitioner and the Public Prosecutor. I do not find force in the submissions made by the learned counsel for the petitioner. The conviction is maintained.
(2.) SHRI Mathur learned counsel for the petitioner has invited my attention to the judgment of this Court in Madania v. State of Rajasthan reported in RCC 131. This Court has extended the benefit of Probation of Offenders Act to Madania, who was convicted Under Section 54(d). This court released Madania accused looking to the fact that the occurrence has taken place seven years before the decision. This Court has also taken into consideration the old age of the petitioner.
(3.) IT has come on record that the petitioner is not a previous offender.