Harbans Lal, J. - (1.) This revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the judgment dated 11.2.2005 passed by the learned Additional Sessions Judge No. 2, Sikar in Criminal Appeal No. 44/2003 whereby the appeal has been dismissed and the judgment dated 11.9.2003 passed by the learned Additional Chief Judicial Magistrate, Dantaramgarh, Distt. Sikar in Criminal Case No. 32/1998 convicting the petitioner for offences under Sections 287, 337 and 338 I.P.C. and releasing him on probation has been confirmed.
(2.) Briefly stated the relevant facts of the case are that accused petitioner was tried on the charges for the aforesaid offences and was convicted for these offences but instead of immediately sentencing him to punishment he was released on probation under Section 4 of the Probation of Offenders Act, 1958 (in short 'Act of 1958') and a further order was passed under Section 5 of the Act of 1958 to pay a sum of Rs. 10,000/- for being paid as compensation to the injured.
(3.) The limited prayer in this revision petition during the course of arguments is that the accused-petitioner has been denied the benefit granted under Section 12 of the Act of 1958 which 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 death 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, is subsequently sentenced for the original offence.";