BASANT KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD This criminal revision is directed against the judgment dated 14/11/2007 passed in criminal Appeal No. 27/07 whereby learned sessions Judge, Janjgir-Champa has upheld the judgment dated 29. 8. 2007 passed in criminal Case No. 554/07 whereby the applicant has been convicted under Section 419 r/w 120 (b) of the Indian Penal Code (for short 'ipc')and Section 4 of C. G. Recognized examinations Act, 1937 (for short 'the Act')and sentenced to undergo R. I. for 1 year and to pay a fine a Rs. 500, in default of payment of fine to undergo R. I. for 1 month on each count.

(2.) THE only ground urged by the applicant in this revision petition is that the applicant was less than 21 years of age at the time of incident and Section 6 of the Probation of offenders Act, 1958 (for short 'act, 1958') imposes restrictions on imprisonment of offenders under 21 years of age and where the court has reasons for imposing the sentence of imprisonment upon an accused person less than 21 years of age, the court is required to record reasons for doing the same and that can only be done after calling for a report from the Probation Officer and after considering the report. However, in the instant case no report was requisitioned by the trial court from the Probation officer and the applicant was not extended benefit of Section 3 or 4 of the Act, 1958 and as such, the same is in violation of the mandatory provisions of Section 6 of he Act, 1958. Reliance is placed in the matter of manoj Kumar and another v. State of M. P.

(3.) ON the other hand, learned counsel for the State has supported the impugned judgment.