SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dt. 24 -10 -79 passed by the Sessions Judge, Tonk in Cr. Appeal No. 40/77 by which he confirmed the conviction and sentence passed by the Munsif and Judicial Magistrate, Tonk on 2 -3 -1977.

(2.) IN this case the petitioner was convicted under Section 380, IPC and sentenced to one year's R.I. and a fine of Rs. 200/' or in default of payment of fine to further undergo 2 months R.I.

(3.) LEARNED Public Prosecution on the other hand submitted that in this case the benefit of Probation of Offenders Act should not be given to the accused petitioner because the offence against him is fully proved and his conviction should be maintained.