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2011 DIGILAW 1973 (RAJ)

Paramjeet Kaur v. State of Rajasthan

2011-09-14

NISHA GUPTA

body2011
JUDGMENT 1. - This revision petition has been filed against the order dated 31.1.2009 passed by the learned Addl. Sessions Judge, whereby the appellate Court had confirmed the conviction, but at the same time, had given benefit of Probation of Offenders Act to the respondents.Heard learned counsel for the parties. 2. The main contention of the learned counsel for the petitioner is that the appellate Court was wrong in giving benefit of Probation of Offenders Act to the respondents. 3. Bare perusal of the impugned order goes to show that relevant facts have been considered by the Court below. It was not in dispute that the respondents were under trial since 1998. They were not having any criminal back history and the learned appellate Court has placed reliance on the judgments delivered in the case of Kalawati v. State of Rajasthan, 2005 (1) Cri.L.J. (Raj.) 855 and Manak Chand v. State of Rajasthan, 1981 Cr.L.R. (Raj.) 668 . 4. Looking at the above position, there is no infirmity in the impugned order passed by the appellate Court in giving benefit of Probation of Offenders Act. 5. Hence the revision petition is liable to be dismissed and the same is, accordingly, dismissed."Revision petition dismissed. *******