The central legal point established in the judgment is the interpretation and application of Section 12 of the Probation of Offenders act, which provides for the removal of disqualification attaching to a conviction, particularly in the context of an accused-appellant's aspiration for a government job.

Headnote:
Probation of Offenders act - Benefit of Section 12 - The court allowed the application seeking to treat the appeal under Section 11 of the Probation of Offenders act and granted the accused-appellant the benefit of Section 12, holding that there shall not be any disqualification attaching to the present conviction order.
Fact of the Case:

The accused-appellant filed a criminal appeal against the judgment convicting him for offences under Sections 341 and 323/34 of the IPC. He sought the benefit of Section 12 of the Probation of Offenders act, claiming to be an aspirant for a government job.
Finding of the Court:

The court found that the accused-appellant was convicted for the mentioned offences and was given the benefit of certain provisions of the Probation of Offenders act. It held that the trial court failed to give the benefit of Section 12 to the accused-appellant, despite his aspiration for a government job. The court allowed the appeal and modified the judgment to grant the benefit of Section 12, removing any disqualification attaching to the conviction order.
Issues: The issues involved the failure of the trial court to grant the benefit of Section 12 of the Probation of Offenders act to the accused-appellant, despite his aspiration for a government job.
Ratio Decidendi: The court's decision was influenced by the interpretation of Section 12 of the Probation of Offenders act, which provides for the removal of disqualification attaching to a conviction. The court held that the accused-appellant, being an aspirant for a government job, should have been granted the benefit of Section 12, and therefore allowed the appeal to modify the judgment accordingly.
Final Decision: The appeal was allowed, and the judgment convicting the accused-appellant was modified to grant him the benefit of Section 12 of the Probation of Offenders act, removing any disqualification attaching to the conviction order.

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 requested the learned trial court so as to give benefit of Section 12 of the Probation of Offenders act, but the learned trial court has not paid any heed to the just and proper request made on behalf of the accused-appellant.

7. Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant.

8. Heard the learned counsel for the accused-appellant as well as learned Public Prosecutor and perused the material placed before the Court.

9. Section 12 of the Probation of Offenders act is reproduced as under:-

'Section 12- Removal of disqualification attaching to conviction- Notwithstanding anything contained in any other law, a person found guilty of any offence and dealt with under the provisions of Section 3 or Section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law:

Provided that nothing in this section shall apply to a person who, after his release under Section 4 is subsequently sentenced for the original offence.'

10. In the present case, admittedly, the accused-appellant was convicted for the offence under Section 341 and 323/34 of the Indian Penal Code, 1860 — Section and was also given benefit of Section 4 and 5 of the Probation of Offenders act and that he was aspirant for government job, therefore, the learned trial court ought to have give the benefit of Section 12 of the Probation of Offenders act to the accused-appellant while taking a lenient view, but the learned trial court failed to give such benefit to the accused-appellant.

11. In this view of the matter, the present appeal is allowed. The impugned judgment dated 6.4.2021 passed by the learned trial court is modified to the extent that the accused-appellant is entitled to get the benefit of provisions of Section 12 of the Probation of Offenders act and it is held that there shall not be any disqualification attaching to the present conviction order passed against the accused-appellant by the learned trial court.

12. The stay application also stands disposed of accordingly.

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