Makbool Vs. the State of Rajasthan

.....15 days it is further submitted that according to the judgmental the learned appellate court t has been found that the petitioner had not given any beating by chain-belt as alleged by the prosecution it is further submitted that the petitioner is pregnant and is due for delivery at any moment.;in the interest of justice it would be proper to grant benefit of probation to the petitioner;revision partly allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - 2000/- with one surety in the like amount to peace and to remain of good behaviour for one year the sentence of fine of rs......incident is dated january 1, 1973 and the petitioner has faced the trial for 11 years. it is further offence and he has also remained in jail for about 15 days. it is further submitted that according to the judgment of the learned appellate court it has been found that the petitioner had not given any beating by chain- belt so alleged by the prosecution. it is further submitted that the petitioner is pregnant and is due for delivery at any moment. in view of the above circumstances it has been submitted that the petitioner should be given benefit of probation instead of serving out the sentence as awarded to him.4. taking in view the above circumstances, as argued by the learned counsel for the petitioner to grant benefit of probation to the petitioner.5. in the result this revision is partly allowed. the conviction of the petitioner under section 332 and 353 ipc is maintained. the petitioner instead of serving out the substantive sentence of imprisonment awarded to him will be entitled to the benefit of probation provided he furnishes a personal bond in the sum of rs. 2000/- with one surety in the like amount to peace and to remain of good behaviour for one year the sentence of fine of rs. 100/- imposed in the petitioner shall remain in tact. in case of breach of any of the conditions of the bond, the petitioner would serve out the remaining sentence awarded to him.