KOLI BHUPAT MULJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) (His Lordship after narrating the facts of the case held that it was proved that the accused had repeatedly told the girl that he would perform civil marriage with her. It was proved that whatever she did was done by her on the said promise made by the accused. Therefore it cannot be said that it was the girl who was responsible for taking away the accused or for going with the accused. It wash therefore held that it was the accused who took away the girl from the legal custody of her father. His Lordship further observed.)

(2.) It has also been argued by Mr. Majmudar that even if the accused is held guilty of the offence under sec. 363 of the Indian Penal Code the order of sentence of imprisonment passed upon him is illegal in view of the provisions of sec. 6 of the Probation of Offenders Act 1958 (hereinafter referred to as the Act). In the trial Court it was argued on behalf of the accused that he should be dealt with under sec. 4 of the Act. The learned trial Judge after discussing the nature of the offence and the character of the offender came to a conclusion that it was not expedient to release him under sec. 4 of the Act. After recording his reasons for not dealing with him under sec. 4 of the Act he sentenced him to imprisonment for a period of 3 years. Argument of Mr. Majmudar is that before satisfying himself as to whether it would not be desirable to deal with the accused under sec. 4 of the Act it was incumbent on the Judge to call for a report from the probation officer and consider the report. According to him it is only after calling for such report and after considering the same that he can come to a conclusion that it is not desirable to deal with the accused under sec. 4 of the Act. According to him as he failed to do so the order of imprisonment passed on the accused as illegal and deserves to be set aside.

(3.) The Act was brought into force in the districts of Ahmedabad Baroda Panchmahals Rajkot and Junagadh by virtue of Government Notification dated the 16th July 1972. It was brought into force in the whole of the State of Gujarat on 5-9-73 by the notification dated 4th September 1973