LALIT KUMAR Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 1.3.2004 of the Additional Sessions Judge whereby the learned Judge has upheld the sentence qua the appellant/petitioner herein and disposed of the appeal which appeal arose out of the order of the learned Metropolitan Magistrate whereby the Magistrate has sentenced the appellant/petitioner herein to undergo R.I. of one year with a fine of Rs. 5000/- and in default of payment of fine to further undergo S1 for one month.

(2.) Learned Counsel for the petitioner submits that he does not wish to challenge the conviction on merits but submits that this is a fit case where accused can be considered and admitted to the benefits of the Probation of Offenders Act. He submits that the petitioner who is less then 21 years of age should be given the benefit of Section 6 of the Probation of Offenders Act. He submits that the incident took place as far back as in 1998 and the petitioner has been facing the ordeal of trial for over 6 years. Besides that he is in judicial custody since September 2003.

(3.) Heard learned Counsel for the State who has verified the fact that the petitioner at time when the offence was committed was less than 21 years of age. She submits that in the facts and circumstances of this case she would not be averse to the benefits of the Probation of Offenders Act being extended to the petitioner.