Ladu, S/o. Shri Juwara Gurjar vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 688

GANESH RAM MEENA
Ladu, S/o. Shri Juwara Gurjar – Appellant
Versus
State of Rajasthan – Respondent

Advocates Appeared:
For the Appellant : Mr. Nitin Jain.
For the Respondent: Mr. Babu Lal Nasuna, PP, Mr. Hakam Ali.

JUDGMENT :

Ganesh Ram Meena, J.

1. The present criminal appeal has been preferred by the accused-appellant against the judgment of conviction and sentence dated 23.12.1993 passed by the Court of learned Additional District and Sessions Judge, Malpura, Tonk, (Rajasthan) [for short ‘the trial Court’] in Sessions Case No.03/93, whereby he has been convicted and sentenced as under:-

U/s. 363 IPC:

Three years Simple Imprisonment and a fine of Rs.300/- and in default of payment of fine, to undergo one month simple imprisonment.

2. On filing of appeal, the sentence awarded to the accused-appellant was suspended vide order dated 20.01.1994 and he was released on bail.

3. Mr. Nitin Jain, learned counsel appearing for the accused appellant instead of arguing the appeal on its merits with regard to challenge to the conviction and sentence, confines his arguments for grant of benefit of probation to the appellant under the provisions of Probation of Offenders Act, 1958 (hereinafter referred to as ‘the Act of 1958’). Counsel further submits that except the present case, no case has been registered against the accused-appellant. Counsel further submits that the accused-appellant is living peacefully i