TILAK RAJ KOHLI Vs. STATE

JUDGEMENT

(1.) This is a Revision petition filed under S.439, Criminal P.C., against the judgement of the Additional Sessions Judge, Delhi in Appeal No. 158 of 1966 confirming the conviction of the petitioner under S.52 of the Indian Post Office Act, 1898, but modifying the sentence of 2 years' rigorous imprisonment and a fine of Rs. 200 passed against the petitioner by the Assistant Sessions Judge, Delhi into an order under S.4 of the Probation of Offenders Act and directing the release of the petitioner on certain terms.

(2.) The facts of the case briefly stated are as follows :

(3.) An offence under S.52 of the Indian Post Office Act being exclusively triable by Court of Session, there was an inquiry in the first instance by the Magistrate First Class Delhi under Chapter XVIII of the Criminal Procedure Code. Only two witnesses were examined during the course of the inquiry and the learned Magistrate having come to the conclusion that there was a prima facie case made under S.52 of the Indian Post Office Act committed him for trial before the Assistant Sessions Judge.