Smt. Sushila vs State Of Rajasthan
2022 Latest Caselaw 10202 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 923/2022

Smt. Sushila D/o Shri Mularam, Aged About 34 Years, B/c
Meghwal, R/o Laxminagar, Banar, Jodhpur.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. MS Purohit
For Respondent(s)        :     Mr. Arun Kumar, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

04/08/2022

     Learned counsel for the petitioner submits that the petitioner

has been wrongly convicted. He further submits that the petitioner

has recently been appointed as a Government servant, and thus,

conviction will create shadow upon the petitioner, which was

arising out of ulterior-motive of her husband.

     Learned counsel for the petitioner when confronted with the

question from this Court that once the benefit of Section 3 of

Probation of Offenders has been granted why the appeal is

required as it absolves the petitioner from all rigours of the

conviction and also removes all disqualification as envisaged under

Section 12 of Probation of Offenders Act, to which, learned

counsel for the petitioner submits that being a Government

servant, it was in her interest that the shadow of looming

conviction at the instance of her husband be removed.




                    (Downloaded on 06/08/2022 at 08:38:47 PM)
                                                                             (2 of 2)                [CRLR-923/2022]



                                         This Court on perusal of two consecutive judgments of

                                   learned courts below, does not find any reason to interfere with

                                   the judgment in question. The factual matrix and the legal

                                   prepositions have been well dealt with by the learned appellate

                                   court. Thus, no interference in the present petition is called for,

                                   because Section 12 of Probation of Offenders Act clearly removes

                                   all disqualification of a conviction, once a benefit of Section 3 of

                                   Probation of Offenders Act has been given. Section 12 of Probation

                                   of Offenders Act reads 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 such law: Provided that nothing in this
                                       section shall apply to a person who, after his release
                                       under section 4 is subsequently sentenced for the
                                       original offence.

                                         In the present case, the benefit of Section 12 of Probation of

                                   Offenders Act is already operating in favour of the present

                                   petitioner by virtue of the statutory protection. Hence, no further

                                   interference is called for.

                                         In view of the above, the present petition is disposed of. All

                                   pending applications also stand disposed of accordingly.



                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

32-Sudheer/-

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