IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B.Cr.Revision Petition No.242/98. Shankar Vs. The State of Rajasthan. 27.3.2009. Hon'ble Mr.Justice Mahesh Chandra Sharma. Mr.A.K.Gupta for the petitioner. Mr.Pradep Srimal P.P for the State. S.B.Cr.Revision Petition against the judgment and Order dated 26.2.1998 passed by Special Judge SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur, in Appeal No.58/96 (51/96) filed against the judgment of conviction and sentence dated 12.9.96 passed by Chief Judicial Magistrate Sawai Madhoopur in Cr.Case No.342/95 whereby he convicted the accused petitioner for the offence under Section 394 IPC and sentenced him to 2 years R.I. With a fine of Rs.5000/-. ..2.. This revision petition has been filed by the petitioner against the judgment dated 26.2.1998 passed by Special Judge SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur, by which he has confirmed the judgment dated 12.9.1996 passed by the learned Chief Judicial Magistrate Sawai Madhopur whereby he convicted the accused petitioner for the offence under Section 394 IPC and sentenced him to 2 years R.I. With a fine of Rs.5000/-. The petitioner feeling aggrieved by the aforesaid judgment and orders passed by both the courts below, preferred the present revision petition before this Court. Without going into the merit of the case Mr.A.K.Gupta Advocate appearing on behalf of the petitioner submits that he is not challenging the conviction part of the ..3.. judgment of the Court below. He submitted that the occurrence took place on 23.3.2981 i.e. 29 years ago, the accused petitioner remained in judicial custody for 57 days and he is not a habitual offender, the benefit of Probation of Offenders Act should be given to the petitioner. Mr.Pradeep Srimal learned Public Prosecutor has not opposed the prayer made by the counsel for the petitioner. In view of the above, since the petitioner has already remained in judicial custody for 57 days, ends of justice would be met in case the petitioner is released for the period already undergone by him. I maintain the fine of Rs.5000/- which may be deposited as per direction of the trial court. ..4.. This revision petition is partly allowed and the order passed by the court below is modified as indicated above. (Mahesh Chandra Sharma)J. k.