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2012 DIGILAW 66 (PNJ)

Beant Singh v. State of Punjab

2012-01-11

RITU BAHRI

body2012
JUDGMENT RITU BAHRI J In compliance of order dated 21.10.2011, the DSP, Talwandi Sabo, Bathinda has filed an affidavit dated 09.1.2012. As per this affidavit the date of birth of petitioner Beant Singh is 12.10.1990. The result card is Annexure R-1, which has been verified from the Principle of Govt. Secondary School, Jaga Ram Tirath (Bathinda). Taking the date of birth of the petitioner as 12.10.1990, this Court has no hesitation to come to the conclusion that on the date of alleged incident i.e. 14.7.2007 the petitioner was below 18 years of age and was juvenile. He has faced trial and convicted. Counsel for the petitioner made reference of a judgment passed by this Court in Smt. Ram Dai versus Sudha Chand 1991(1) RCR (Criminal) 320 where an accused was convicted under Section 451 and 354 IPC and had been released on probation. Petitioner Beant Singh was convicted by the trial Court under Sections 452 and 354 IPC as under :- U/S 452 IPC To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-. In default of payment of fine he shall further undergo imprisonment for 7 days. U/S 354 IPC To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-. In default of payment of fine he shall further undergo imprisonment for 7 days. On 15.7.2007 the allegation in the FIR was that the complainant's daughter Bholi about 19 years of age was all alone in the house. Beant Singh son of Baldev Singh came to their house at 8.30 AM and outraged the the modesty of her daughter. She raised alarm and after raising lalkara and after picking up Fohra Beant Singh fled away from the house. The FIR was registered and after investigation the accused was convicted. On appeal the findings recorded by the Trial Court were affirmed. The prayer made by the accused before the Appellate Court that he is 21 years of age and being first offender, be released on probation. This prayer was declined by the Appellate Court on the ground that he was 19-20 years of age at the time of commission of offence and the benefit of probation under Section 360 Cr.P.C. can be extended to a person not below the age of 21 years of age. This prayer was declined by the Appellate Court on the ground that he was 19-20 years of age at the time of commission of offence and the benefit of probation under Section 360 Cr.P.C. can be extended to a person not below the age of 21 years of age. As per the affidavit filed by DSP the date of birth of Beant Singh is 12.10.1990. As per school leaving certificate and Punjab School Education Board examination result card 2004 (Annexure R-2). The petitioner on the date of occurrence was below 18 years of age. He was juvenile and could not be tried by a regular Court. However, he has faced trial and has now been convicted. Being a juvenile he was to be tried by the Juvenile Justice Board. He is a first offender. The maximum punishment under Section 452 IPC is for 7 years and under Section 354 IPC is for 2 years. The petitioner has been convicted for one year for offence under both the sections. As per the judgment in Smt. Ram Dai v. Subha Chand's case (Supra) the benefit of probation can be extended to an accused convicted under Sections 451 and 354 IPC. As per Section 360 Cr.P.C. the benefit of probation can be extended when an offence is punishable with fine only or with imprisonment for seven years or less. This benefit can be extended to a person who is below 21 years of age or any women, who is convicted for offence not less than death or imprisonment of life. Section 360 Cr.P.C. is reproduced below:- “360. Order to release on probation of good conduct or after admonition. This benefit can be extended to a person who is below 21 years of age or any women, who is convicted for offence not less than death or imprisonment of life. Section 360 Cr.P.C. is reproduced below:- “360. Order to release on probation of good conduct or after admonition. (1) When any person not under twenty-one years of age is convicted of an offence punishable fine, or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence not Punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it, appears to the court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the court may, instead of sentencing, him at once to any Punishment, direct that he be released on his entering into a bond, with or without sureties to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct and in the meantime to keep the peace find be of' good behaviour : Provided that where first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect. and submit the proceedings to a Magistrate of the first class forwarding the accuses to or taking, bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub-section (2). (2) Where proceeding are submitted to the Magistrate of the 1st class as provided in sub-section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and if thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken. (3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Indian Penal Code (45 of 1860) punishable with not more than two years imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentences him to any punishment, release him after due admonition. (4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its power of revision. (5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishment than might have been inflicted by the court by which the offender was convicted. (6) The provisions of sections 121, 124 and 373 shall, so far as may be apply in the case of sureties offered in pursuance of the provisions of this section. (7) The court, before directing the release of an offender under sub-section (1) shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the court acts or in which the offender is likely to live during the period named for the observance of the conditions. (8) If the court, which convicted the offender, or a court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension. (8) If the court, which convicted the offender, or a court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension. (9) An offender, when apprehended on any such warrant, shall be brought forthwith before the court issuing the warrant, and such court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such court may after hearing the case, pass sentence. (10) Nothing in this section shall affect the provisions of the Probation of offenders Act, 1958 (20 of 1958), or 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.” The petitioner was juvenile at the time of commission of alleged incident on 14.7.2007. Keeping his age in view in mind and the fact that he is first offender, this court is of the view that benefit of probation under Section 360 Cr.P.C. should be extended to him. He is married and having a minor daughter and is looking after his old parents. The essential ingredients for grant of relief of probation have been made out. The judgments of conviction of both the courts below are upheld. The petitioner is directed to be released on probation subject to furnishing the bonds/security to the satisfaction of the trial Court. The petitioner shall keep peace and maintain good behaviour for one year after his release on probation. The revision petition is accordingly disposed of.