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2018 DIGILAW 1562 (RAJ)

Major Singh Jat Sikh v. State of Rajasthan

2018-07-24

MANOJ KUMAR GARG

body2018
JUDGMENT Manoj Kumar Garg, J. - Instant revision petition has been filed by the petitioners against the judgment dated 27.11.2016 passed by the learned Special Judge(SC/ST) cases, Sriganganagar whereby the appeal filed by the petitioners against the order dated 28.2.2015 passed by the learned Additional Chief Judicial Magistrate, Sriganganagar in Criminal case No. 543 of 2012 convicting the present petitioners for the offences under section 3 of the Probation of Offenders Act, has been dismissed. 2. Counsel for the petitioners argued that the only grievance of the petitioners is that the petitioners are young persons and if the conviction under the aforesaid offence is allowed to stand, it will operate as a bad name and disqualification for the competitive examinations, It is further argued that one of the petitioners is having a gun license in his favour and if the impugned order is allowed to stand , it may result in cancellation of gun license also, therefore, benefit of section 12 of the Probation of Offenders Act may be extended to them. 3. The learned Public Prosecutor has not specifically opposed the prayer made on behalf of the petitioners. 4. Heard learned Counsel for the petitioners and the learned Public Prosecutor. 5. The relevant provision is section 12 of the Probation of Offenders Act, 1958, which runs as under "12. Removal of disqualification attaching to conviction-Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of Section 3 or Section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under law" 6. A bare perusal of the above provision goes to show that when a person is convicted and dealt with under Section 3 or section 4 of the Probation of Offenders Act, as in the present case petitioners have been dealt with under section 3 of the Probation of Offenders Act, no disqualification will be suffered by him on the ground of his conviction unless in any other law anything contrary is contained. Looking at the above, there is no reason for the present petitioners to suffer any disqualification on the ground of conviction in the impugned judgment. 7. Looking at the above, there is no reason for the present petitioners to suffer any disqualification on the ground of conviction in the impugned judgment. 7. Looking to these circumstances and provisions of section 12 of the Probation of Offenders Act, it is made clear that whenever a conviction is made and person, like petitioners, is dealt with under section 3 of the Probation of Offenders Act, his conviction under the offence will not suffer any disqualification on and thus the present petitioners will get the benefit of section 12 of the Probation of Offenders Act. 8. With the aforesaid directions, this revision petition stands disposed of.