Judgment :- 1. In these petitions the question that arises for consideration is important not only in respect of these cases but also from a long range point of view. What should be the court's approach in the case of juvenile delinquency and in what manner the juvenile offenders be treated. 2. Civilised nations have gone far from the days when it was considered that the correction for any maladjustment in society is by recourse to satisfaction of society's thirst for vengeance. Bentham said: "The pleasure of vengeance calls to my mind sermon's riddle. It is sweet coming out of terrible, it is the honey dropping from the lion's mouth." Gradually deterrence displaced retribution. Punishment was for the purpose of preventing the criminal from committing further as well as for deterring other members of the society from committing the same crime by showing what would be in store for them. Then there was the expiatory theory by which the guilty was to go through penance for purging him of his guilt. Now the emphasis is on reformation as it is thought that in most cases, a criminal is a victim of circumstances and situations. 3. The method of reformation-correction and rehabilitation is of vital importance in the case of the young offender. He being at a formative stage of development, prospects of redemption are greater and it is the court's duty to take note of that in the matter of imposition of punishment on him. Special provisions are made for children in all civilised systems of law. The environment, broken home, desertion and quarrel of parents, unemployment of parents and total lack of facilities for the children to come up, all might lead to the unfortunate state of affairs when the adolescent takes to crime. Insecure or neglected children left to themselves deprived of parental care always run risk of falling into anti social conduct. It is indeed happy to note that these questions centering round the correctional and rehabilitative techniques especially in regard to the youth offender are now being discussed at length by the law teachers. (Note the article on Special Correctional and Rehabilitative Techniques in India-Problems and Perspectives in the Cochin University Law Review). 4. One of us in disposing of Crl. It is indeed happy to note that these questions centering round the correctional and rehabilitative techniques especially in regard to the youth offender are now being discussed at length by the law teachers. (Note the article on Special Correctional and Rehabilitative Techniques in India-Problems and Perspectives in the Cochin University Law Review). 4. One of us in disposing of Crl. R. P. No. 69 of 1982 (the Acting Chief Justice) had said: "The very purpose of detention which the petitioner had undergone is the reformation of his character in order to enable him to join the mainstream of society on his release. If that be the objective that would be defeated by any sentence which the petitioner may have to undergo with hardened criminals in the regular jails of the State. But that by itself may not be a criterion for us to revise the sentence imposed on petitioner in C. C. No. 228 of 1977. We notice that when the Magistrate convicted the petitioner in the case and sentenced him to imprisonment in 1977 and when the Sessions Judge confirmed it in 1978 the petitioner was far below 23 years of age and as an adolescent it would have been appropriate for the Magistrate to direct detention in the Borstal School as was done in the other cases. No advertence was made to the age of the accused or the need for considering the detention in the Borstal School either by the Magistrate or by the Sessions Judge. Had that been made there would have been no sentence of imprisonment and there would have been only an order of detention in the Borstal School. We therefore feel that in this case it is appropriate that while upholding the conviction the sentence has to be limited to what has already been undergone and therefore the petitioner will have to suffer no further terms of imprisonment." 5. Sending a juvenile to jail without looking into all these aspects, it is likely that he becomes a hardened criminal and this will be totally against the present policy of penology which is to reform the criminals than to punish them as pointed out by Fazal Ali, J. in Sitaram v. State of Maharashtra (A.I.R 1979 S C. 1569 at 1572). 6. We might note here another case, A. N. Sinha v. A. K. Biswas (AIR. 1974 SC. 1818). 6. We might note here another case, A. N. Sinha v. A. K. Biswas (AIR. 1974 SC. 1818). There the accused concerned were young men under 21 years of age with a rustic background. They were found in possession of primary gold without permission. They were charged under R.126 P.1(i) and 126 P.2(ii) of the Defence of India Rules, '62, for failure to make a declaration in respect of the gold. They pleaded guilty and said that they were taking the gold for marriage purposes. The trial court released them on probation which was confirmed by the High Court. Against this the excise authorities appealed to the Supreme Court where the question mooted was whether the Probation of Offenders Act apply to offenders under Customs Act, 1962 and to those parts under XII A of Defence of India Rules, 1962. The court answering the question in the affirmative said that the Probation of Offenders Act is a reformative measure and its object is to reclaim amateur offenders, who if spared the indignity of incarceration can be usefully rehabilitated in society. Justice Chandrachud, as be then was, said that the novice who strays into the path of crime, in the interest of society be treated as socially sick. Crime; are not always rooted in the criminal tendencies and their origin may lie is psychological factors induced by hunger, want and poverty. It was further pointed out that an attitude of social defiance and recklessness which comes to a criminal who after a jail term, is apt to think that he has do more to loose or learn, which may breed a litter of crime. 7. We may note in this connection S.5 of the Borstal Schools Act. It was further pointed out that an attitude of social defiance and recklessness which comes to a criminal who after a jail term, is apt to think that he has do more to loose or learn, which may breed a litter of crime. 7. We may note in this connection S.5 of the Borstal Schools Act. S.5 reads: "Power of court to pass order of detention in borstal school: (1) Where it appears to a court that an adolescent offender should, by reason of his criminal habits or tendencies, or association with persons of bad character, be subject to detention for such term and under such instruction and discipline as appears most conducive to bis reformation and the prevention of crime, it shall be lawful for the court, in lieu of passing a sentence of imprisonment, to pass an order of detention in a borstal school for a term which shall not be less than two years and shall not exceed seven years, but in no case extending beyond the date on which the adolescent offender will, in the opinion of the Court, attain the age of twenty-three years: Provided that the court shall not ordinarily order the detention of a first offender in a borstal school unless the Court is satisfied that, having regard to the character and previous conduct of the offender and to the circumstances of the case, such order is expedient to bis reformation and the prevention of crime. (2) Before passing an order under sub-section (1), the court shall take into consideration the report of the probation officer of the area in which the adolescent offender permanently resided at the time when he committed the offence and any other report or representation which may be made to it as to the suitability of the case for treatment in a borstal school and shall be satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to profit by such instruction and discipline as aforesaid. The court shall send along with the order of detention in a borstal school a copy of the report of the probation officer." This being the intention of sending a delinquent to a Borstil School, it will be unfortunate that after such period of detention, a juvenile delinquent should be sent to an ordinary prison where he may have to mingle with hardened criminals. That is likely to destory all the good effects that he may acquire by proper training in the Borstal School. 8. When we proceed in these cases on the basis of what the Supreme Court has said, there cannot be any doubt that it would be unfortunate if the adolescents concerned are sent to jail after the period of their detention in the Borstal School. In regard to the petitioner in Crl.R.P. No. 68 of 1982, he will complete 23 years on 30-8-1983. Then he will have to undergo imprisonment in the Central Prison for a further period of three months in the light of the decision in C.C.No. 4 of 1978 of the Chief Judicial Magistrate's Court, Kottayam. We think it will only be proper and just to direct that the petitioner there will not suffer further term of imprisonment after his release from the Borstal School. 9. In regard to the petitioner in Crl.R.P.No. 70 of 1982 he is to undergo detention in Borstal School from 23-1-1980. The detention is for a period of three years. When he was sent to this school he was only 19 years of age. As per his conviction in C. C. No. 291 of 1981 of the Court of the Second Class Magistrate, Cannanore, he is to undergo three months rigorous imprisonment after the expiry of the detention in the Borstal School, Cannanore. The Superintendent of the Borstal School has reported that this period of three months, he may be allowed to continue in the Borstal School as per S.8 of the Borstal Schools Act. We are of opinion that this petitioner should not be sent to jail. We also feel that there is no necessity for him to continue for a further period of three months in the Borstal School. He will be released when he completes three year's detention in the Borstal School from 23-1-1980. 10. In Crl. We are of opinion that this petitioner should not be sent to jail. We also feel that there is no necessity for him to continue for a further period of three months in the Borstal School. He will be released when he completes three year's detention in the Borstal School from 23-1-1980. 10. In Crl. R.P. No. 71 of 1982, he is in detention in Borstal School as per the decisions in C.C. No. 291 of 1979 of the Judicial First Class Magistrate, Quilon and C.C. No 777 of 1980 of the Judicial Second Class Magistrate, Trivandrum. In the first of these cases, he was ordered to undergo Borstal detention for two years and the other for one year. He is therefore to be released from the Borstal School on 25-10-1982. But he has been sentenced in three other cases C. C. Nos. 832/80.1000/80 before the Judicial Second Class Magistrate. Trivandrum and C.C. No. 291 of 1981 of the Judicial Second Class Magistrate, Cannanore. His period of detention in the Borstal School will expire when he is completing 23 years. In the light of the view we have taken, we are of opinion that there is no need that the petitioner should undergo imprisonment after this period of detention in the Borstal School. As was pointed out in Crl. R. P. No. 69 of 1982 by this court in convicting him to imprisonment, the learned Magistrate had not considered the desirability of the detention of the youngster in the Borstal School. Due consideration was not given to the age of the accused in those criminal cases 11. In Crl. R. P. No. 72 of 1982, the petitioner is in Borstal School for five years from 9-1-1978. However he has been convicted in another case in C. C. No. 283 of 1979 by the Addl. Judicial Second Class Magistrate, Ernakulam for six months rigorous imprisonment. His five years period of detention in the Borstal School will be over on 8-11983. He will be completing only 22 years at that time. We do not think that he should further undergo six months' detention in the Borstal School after 8-1-1983. He will be released from the Borstal School after his five years' period of detention. We order accordingly. Crl. Revision Petitions are disposed of as above.