1. - The petitioner is aggrieved by the judgment dated 5.5.2011 passed by the learned Addl. Sessions Judge, (Fast Track) No. 2 Bikaner, whereby while confirming the conviction of the respondent Nos. 2 And 3 for offence under Sections 380, 457, 411 I.P.C., the learned Judge has granted the benefit of probation under the Probation of Offenders Act ('the Act' for short) to them.

2. The learned counsel for the petitioner has vehemently contended that according to the complainant, the incident had taken place at the dead of night and theft was committed. Moreover, since the respondents happened to belong to the same the village, the benefit of probation should not have been granted to them.

3. Heard learned counsel for the parties and perused the impugned judgment.

4. Undoubtedly, the Act forms part of the reformative theory of punishment. The Act recognizes the fact that the purpose of punishing an offender is to ensure that he reforms himself, during the term of imprisonment, and comes back into the mainstream of society as a contributory member. Moreover, when the Court is convinced that it is a first offence committed by the offender, when it is convinced that the offence is a