NANNE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has come up before this Court by way of the instant revision petition against the judgment order dated 20-2-1999 passed by learned Special Court (Communal Riots) and Additional Sessions Judge. Tonk in Criminal Appeal No. 105/1998 whereby the said Court partly allowed the appeal preferred by the petitioner against the judgment dated 24-4-1996 passed by learned Civil Judge (Junior Revision) and Judicial Magistrate, Uniyara in Criminal Case No. 27/7/1995, setting aside the conviction of accused under Section 341. IPC while maintaining the conviction under Section 354, IPC and reduced the sentence from 2 years S.I. to 1 year S.I. but maintained the fine of Rs. 500/- and in default sentence of one month S.I. was awarded to the petitioner.

(2.) During the course of hearing, Mr. R.N. Sharma learned Counsel for the petitioner has vehemently contended at the Bar that the petitioner is a first offender and he is entitled to the benefit of probation as per the requirement of Section 4 (1) of the Probation of Offenders Act, 1958 for short the Act of 1958 read with Section 360(1), Cr. P.C. which stipulate respectively, as under:

(3.) I have heard learned Counsel for the petitioner, perused the material available on record as well as the provisions of Section 4 (1) of the Act of 1958 and Section 360(1), Cr. P.C.