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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUKESH RAJPUROHIT
Kailash Chandra Nai S/o Shri Mohanlal Ji Nai – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. fact of the incident and conviction upheld. (Para 1 , 2) |
| 2. petitioner lacks criminal antecedents; seeks probation. (Para 4) |
| 3. court discusses probation benefits and relevant case law. (Para 7 , 8) |
| 4. expedient conclusion on probation and record return. (Para 9) |
Order :
MUKESH RAJPUROHIT, J.
1. The matter pertains to an incident that occurred in the year 1993 and the present revision petition has been pending since 2005.
2. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment dated 09.09.2005 passed by learned Additional Sessions Judge No.1, Chittorgarh (herein after to be referred as ‘the appellate court’) in Criminal Appeal No.39/2003, whereby the judgment dated 03.02.2003 passed by the learned Additional Chief Judicial Magistrate, (Fast Track), Chittorgarh (hereinafter to be referred as ‘the trial court’) in Regular Criminal Case No.415/2002 (251/1994) convicting the revisionist-petitioner was upheld.
2.1. The accused petitioner was convicted and sentenced vide judgment dated 03.02.2003 passed by the learned trial court as below :-
| Conviction for the offences under Sections | Sentence Awarded | Fine Amount | In |
The court emphasized the reformative purpose of the Probation of Offenders Act, favoring rehabilitation for offenders without prior convictions.
The central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under Section 4 of the Probation of Offenders Act, 1958, based on the absence of crimin....
The court held that the Probation of Offenders Act, 1958 applies to offenders above 21 years, emphasizing rehabilitation over punishment.
The main legal point established in the judgment is the entitlement of the accused-appellant to the benefit under the Probation of Offenders Act, 1958 based on the absence of criminal antecedents and....
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