JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The significant question that is to be decided in this revision is the applicability of the benefit of Sec. 4 of the Probation of Offenders Act to a convict under Sec. 51(a) of the Kerala Police Act which attracts a minimum imprisonment of 15 days.

(2.) The petitioner herein was convicted for the said offence by the Judicial First Class Magistrate's Court, Kuthuparamba, in STC No. 1284/92 and sentenced to undergo simple imprisonment for 15 days and fine of Rs. 100/-. The judgment to the above effect was confirmed by the court of Session, Thalassery, in Crl. A. 340/1993.

(3.) During arguments, the learned counsel for the petitioner submitted that the evidence adduced is inadequate to sustain a conviction and also that this is a fit case where probation should have been allowed invoking Section 360 of the Cr.P.C.