JUDGMENT

Madan Gopal Vyas, J. - Ia No.1/2022:

2. For the reasons stated, the application seeking treating the appeal under Section 11 of the Probation of Offenders act, is allowed.

3. The present appeal is treated to be filed under Section 11 of the Probation of Offenders act.

S.B. Cr. appeal No.124/2022:

4. The present criminal appeal has been preferred by the accused-appellant against the judgment dated 6.4.2021 passed by the learned Special Judge, SC/ST (Prevention of atrocities) Cases, Pali in Sessions Case No.20/2015 whereby the learned trial court though convicted the accused-appellant for the offences under Sections 341 and 323/34 of the IPC, but given benefit of Section 4 and 5 of the Probation of Offenders act.

5. The grievance of the accused-appellant is that the learned trial court has not given the benefit of Section 12 of the Probation of Offenders act to the accused-appellant despite the fact that there was ample documentary evidence on record to show that the accused-appellant was aspirant for government job.

6. Learned counsel for the accused-appellant submitted that at the time of arguments before the learned trial court, the counsel appearing for the accused-appellant re