SURESKUMAR MAKHANSING PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT. Mr.H.L.Jani, learned Additional Public Prosecutor waives process of admission on behalf of the opponent.

(2.) Appellant ? original accused is before this Court being aggrieved by judgment and order dated 19.10.2006 passed by the learned Additional Sessions Judge, Valsad in Sessions Case No.18 of 2006, whereby the learned Additional Sessions Judge is pleased to convict the appellant for an offence under Section 366(A) of the Indian Penal Code and has awarded 5 years imprisonment, fine of Rs.1,000/- and in default, 1 month's S.I.

(3.) Mr.J.B.Pardiwala, learned advocate for the appellant successfully pointed out to the Court that the learned Additional Sessions Judge did not comply with a mandatory obligation under Sub-section (2) of Section 6 of the Probation of Offenders Act, 1958 (?the Act?, for short). For ready reference relevant part of the same is reproduced: "the Court shall call for a report from the probation officer and consider the report."