FAROOQ HASAN,J. - (1.) THIS revision petition is directed against the judgment dt. 24 -10 -79 passed by the Sessions Judge, Tonk in Cr. Appeal No. 40/77 by which he confirmed the conviction and sentence passed by the Munsif and Judicial Magistrate, Tonk on 2 -3 -1977.
(2.) IN this case the petitioner was convicted under Section 380, IPC and sentenced to one year's R.I. and a fine of Rs. 200/' or in default of payment of fine to further undergo 2 months R.I. Learned counsel for the petitioner without going into the merits of the case simply submitted that the accused -petitioner was convicted in the year 1977. He belongs to agricultural labour class and is of a poor standing. Learned counsel further submits that the accused petitioner be given the benefit of Probation of Offenders Act.
(3.) LEARNED Public Prosecution on the other hand submitted that in this case the benefit of Probation of Offenders Act should not be given to the accused petitioner because the offence against him is fully proved and his conviction should be maintained.;