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1990 DIGILAW 723 (RAJ)

Shiv Charan v. State of Rajasthan

1990-11-27

FAROOQ HASAN

body1990
JUDGMENT 1. - This appeal arises out of the judgment dated 24.1.1990 of the Addl. Sess. Judge No. 2, Kota in Sess. case No. 84/86, whereby each of the appellants has been convicted under Section 323, IPC, and instead of sentencing them, they were granted probation under Section 4 of the Probation of Offenders Act. for keeping peace for a period of one year. 2. Shri Rajawat at very outset, stated that though the appellants have been granted benefit of probation but the appellants have, however, pressed the appeal because appellant No. 1-Shivcharan is in Government service and appellant No. 2 Virendra Singh is his young son likely to be employed as and when occasion so arises, and if their conviction is maintained, they would be put to a loss in service , career. Therefore, only contention on behalf of the appellants is that it may be clarified that the service of appellant No. 1 Shivcharan may not be adversely affected and the conviction may not come as a bar while getting employment to the appellant No. 2 Virendra Singh, if the conviction is maintained. To the above submissions, the learned Pu'dic Prosecutor has nothing to say contrary. 3. In Rajbir v. State of Haryana, (AIR 1985 SC p. 1278) the Apex Court while maintaining the conviction under Section 323, IPC and granting the benefit of probation to the accused, observed as under : "We are of the view that in the peculiar facts of the case, the conviction should not affect his service." 4. Taking the aid of the enlightments derived from the above quoted decision, I am of the view that in this case, similar is the situation as was in Rajbir v. State of Haryana , supra. 5. In this situation as here, there would be no need to interfere. Consequently, this appeal is disposed of while upholding the impugned judgment which has not been assailed by the learned counsel for the appellants as his contention was only confined to the above extent of relief. Therefore, it is made clear that the conviction should not affect service of the appellant (Shivcharan) and would not come in way as a bar to Virendra Singh (appellant No. 2) if he is employed elsewhere.The record be sent back. *******