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Rajasthan High Court · body

2005 DIGILAW 688 (RAJ)

Roshan alias Ram Gopal v. State of Rajasthan

2005-03-01

H.R.PANWAR

body2005
Judgment H.R. Panwar, J.-By the instant criminal revision petition under Section 397/401, CrPC, the petitioner has challenged the order dated 19.1.2005 passed by Additional Sessions Judge (Fast Track) No. 2, Pratapgrh Camp Nimbahera whereby the petitioner was convicted for the offence under Section 354, IPC and sentenced to undergo one months rigorous imprisonment and fine of Rs. 200/-in default of payment of fine further to undergo 15 days simple imprisonment. 2. I have heard learned Counsel for the petitioner and the leaned Public Prosecutor. 3. At the outset, Counsel for the petitioner submits that the petitioner does not want to challenge his conviction under Section 354, IPC. However, learned Counsel submits that on the relevant date of occurrence, the petitioner was below 20 years of age and, therefore, the Court below fell in error in not granting benefit of Probation of Offenders Act, 1958. 4. I have carefully gone through the record and the Judgment and order impugned. Even the Court below came to the conclusion that the age of the petitioner is about 20 years at any rate not more than 21 years. 5. Learned Counsel further submits that the petitioner has already suffered the imprisonment for a period of 12 days i.e., from 23.05.2004 to 03.06.2004 and the reason assigned by the Court below denying the benefit of Offenders Act cannot be said to be the special reasons as envisaged under Section 361 of Code of Criminal Procedure, 1973(for short the Code hereinafter). Section 361 of the Code reads as under : "361. Special reasons to be recorded in certain cases.-Where in any case the Court could have dealt with,- .(a) an accused person under Section 360 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or .(b) a youthful offender under the Children Act, 1960 (60 of 1960), or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its Judgment the special reasons for not having done so." 6. Section 361 of the Code provides that where in any case the Court could have dealt with an accused-person under Section 360 or under the provisions of Probation of Offenders Act, 1958 but has not done so, it shall record in its Judgment the special reasons for not having done so. Section 361 of the Code provides that where in any case the Court could have dealt with an accused-person under Section 360 or under the provisions of Probation of Offenders Act, 1958 but has not done so, it shall record in its Judgment the special reasons for not having done so. The reasons assigned by the Court below cannot be said to be the special reasons. 7. In order to invoke the provisions of Section 360 of the Code to release the accused on probation after convicting him for the offence committed, certain facts may be taken into consideration viz. the age of offender; maximum punishment prescribed for the offence; whether he is previously convicted and the circumstance in which the offence was alleged to have been committed. Provisions of Section 360 of the Code are beneficial to the accused only when the accused is a first offender in case the accused in more than 21 years of age unless special reasons exist for denial of probation, the accused should normally be released on probation. In the instant case, the accused petitioner is about 20 years of age at any rate not more than 21 years of age. There being no adverse antecedent and fact that he had already suffered imprisonment for about 12 days, in my view, ends of justice would meet if he is released on probation. 8. Consequently, the revision petition is party allowed. The conviction of petitioner for the offence under Section 354, IPC is maintained. Instead of sentencing the petitioner at once to any punishment, he is granted benefit of Section 4 of the Offenders Act, 1954 and it is directed that the petitioner be released on his entering into a bond in the sum of Rs. 10,000/-with one surety of like amount to the satisfaction of the Court below to appeal and receive sentence when called upon during the period of two years and maintain peace and be of good behaviour.