RAJASTHAN HIGH COURT
(JAIPUR BENCH)
M.B. Sharma, J.
Amra Ram - Petitioner
versus
State of Rajasthan - Respondent
S.B. Crl. Revision Petition No. 2 of 1990
Decided on 23-3-1990
Counsel for the Parties:
For the Petitioner - Mr. Praveen Balwada.
For the Respondent

IMPORTANT POINT
Previous conviction or acquittal has to be proved only in accordance with the manner provided under Section 298, Cr. P.C.

Headnote:Rajasthan Excise Act, 1950 - Section 16/54(a)(c)(d) - Trial Court convicted and sentenced accused - Code of Criminal Procedure, 1973 - Section 374 - Accused appealed – Section 386 - Appellate Court dismissed appeal - Section 397/401 - Accused again challenged his conviction - Accused found manufacturing and in possession of illicit liquor - Question of sentence - No proof that accused a previous convict - Occurrence took place in 1981 - Accused aged about 70 years - Whether circumstances call for benefit of probation? (Yes) Effect - Conviction maintained, releasing accused on probation. (Paras 1 to 6)

       Result: Revision partly allowed.