The two revision petitioners have been convicted under section 379 read with section 34-of the Indian Penal Code and sentenced to rigorous imprisonment for six months. The Sessions Court dismissed the appeal in default. Hence, this revision petition. The prosecution case is that late in the evening on 10.3.1985, P.W. 1 went to the house of Deputy Personnel Manager of a Colliery on bicycle, kept the bicycle outside and went inside the house and when he came out at 7.30 p.m., the bicycle was found missing. Report was made to the police and in due course, the first revision petitioner was apprehended, and on the information furnished by him that the stolen bicycle was with the second revision petitioner, the latter was interrogated and the bicycle was seized from him. Prosecution relied upon the sale receipt for the bicycle in favour of P.W. 1. The trial Court upheld the prosecution case. Criminal appeal was dismissed in default. The dismissal of the appeal by default, though assailed by the learned counsel for the revision petitioners, seems to be within the power of the Sessions Court (see decision in Ram Naresh v. State of Bihar - AIR 1987 SC 1500 ). On merits there is ample evidence to show that the bicycle belonging to P.W. 1 was recovered from the second revision petitioner on the information provided by revision petitioner No. 1. In these circumstances, I find no ground to interfere in the matter of conviction. The revision petitioners were at the relevant time below 21 years of age. The trial Court adverted to this circumstance but without assigning any reason, declined to apply the provisions of Probation of Offenders Act 1958. The trial Court also failed to call for a report from the Probation Officer as contemplated under section 6 of the Act. Having regard to the facts and circumstances of the case, the trial Court should have applied the provisions of section 3 of the Probation of Offenders Act, 1958. The facts of the case justify a direction to the revision petitioners to pay compensation to P.W. 1. In the result, I set aside the sentence imposed on the revision petitioners and release them on admonition under section 3 of the Probation of Offenders Act, 1958. In addition under section 5 of the Act of 1958, I direct each of the revision petitioners to pay a sum of Rs.
In the result, I set aside the sentence imposed on the revision petitioners and release them on admonition under section 3 of the Probation of Offenders Act, 1958. In addition under section 5 of the Act of 1958, I direct each of the revision petitioners to pay a sum of Rs. 250/- as compensation to P.W. 1 within two months from today. Revision petition is accordingly disposed of.