1 S.B. CRIMINAL REVISION PETITION NO.643/2008 Kala Ram Vs. State of Rajasthan Date of Order :: 23-07-2008 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. N.S. Rajpurohit, for the petitioner. Mr. L.R. Upadhyay, PP. This is a revision against the order of the learned Additional Sessions Judge (Fast Track), Balotra, Headquarter Barmer whereby appeal filed by the petitioner was dismissed and the order of the learned Chief Judicial Magistrate, Barmer passed in Criminal Regular case No.476/05(old 588/97) dated 11.9.2007 was maintained in which petitioner was convicted under Section 354 IPC and was sentenced to three months imprisonment with fine of Rs.500/- and in default, to undergo 15 days imprisonment. Learned counsel for the petitioner submits that incident is of 11 years old and petitioner is a Police Constable. It was his first offence, therefore instead of sentencing him, he should be released under Probation of Offenders Act. According to him, the offence is also of the trifle in nature and if he will send in custody, he will be debarred from service. 2 Contention of the learned counsel for the petitioner appears to be reasonable by virtue of the provisions contained in Section 360 Cr.P.C. Being a first offence, he is entitled for probation. So far as, service is concerned, Section 12 of the Probation of offenders Act clearly says that if a person found guilty of an offence and dealt with under the provisions of Section 3 or 4, he will not suffer disqualification, if any, attaching to a conviction of an offence. In view of the above, this petition is partly allowed. While maintaining the conviction of the accused under Section 354 IPC, he is released on probation under section 4 of the Probation of Offenders Act provided he furnishes a bond of Rs.2,000/- and one surety of like amount to keep peace and good behaviour for a period of six months before the trial court within a period of 15 days. However, this order will not effect the service career of the petitioner. [DEO NARAYAN THANVI],J. Praveen