1. This revision under section 397/401 of CrPC is directed against the judgment dated 28.12.2011. The petitioner is convicted and sentenced by order dated 19.4.2011 passed by JMFC Vidisha in Criminal Case No. 908/09 whereby he was held guilty for the offence punishable under sections 354 and 448 of IPC and was ordered to undergo RI of two months and three months respectively for the said offences, which would run concurrently.

2. Shri Amit Lahoti, learned counsel for the petitioner, apart from pointing out perversity and apparent contradictions in the statements of prosecution witnesses, also stated that both the Courts below have not addressed on the question of grant of benefit of probation to the petitioner as per sections 360 and 361 of Cr.P.C.

3. Shri Lahoti, in nutshell submits that the petitioner fulfills the eligibility for grant of said benefit of probation as per section 360 (1) of CrPC. He submits that both the provisions ought to have been taken into account by the Courts below. On this score alone, Shri Lahoti submits that the petitioner deserves to succeed.

4. I have also heard Shri B.K. Sharma, learned Public Prosecutor, on this ground.

5. Section 360 (1) CrPC shows