Appellants: Abdul Qayum
Vs.
Respondent: The State of Bihar
Hon'ble Judges:
D.G. Palekar and P. Jaganmohan Reddy, JJ.
Criminal – Benefit of probation - Sections 379, 380, 381, 404, 420 of Indian Penal Code, 1860 - Probation of Offenders Act, 1958 - Appellant was caught for pick pocketing and was convicted for offence under Section 379 and sentenced to rigorous imprisonment for six months – Appellant was 16 year of age at time of commission of offence and 18 years of age at time of conviction – Appellant was not given the benefit of Act despite recommendation of Probation Officer on ground that he was an associate of hardened criminal – Appeal against conviction and sentence rejected by Session Judge as well as High Court – Hence, present appeal – Act of 1958 applicable to case of offenders who were below age of 21 years and guilty of lesser offences than those punishable with death and life imprisonment - Section 3 empowers the Court to release an offender after admonition where he has been found guilty of having committed an offence under Sections 379, 380, 381, 404, 420 or any offence punishable with imprisonment of not more than two years or fine or both either under the Indian Penal Code or under any other law and that there is no previous conviction proved against him - The Probation Officer's report nowhere indicated that the appellant was an associate of hardened criminal – Appellant was interested towards his work as a tailor and behaves properly with his father and brothers and has normal association with friends - The attitude of the family towards the offender appellant was one of sympathy and affection and the father exercised reasonable control over him – No previous conviction had been proved against appellant – Held, appellant should be afforded a opportunity to live a normal life and thus be released on probation – Appeal allowed
