MOHAMMAD IRSHAD Vs. STATE

JUDGEMENT

(1.) Revisionist Mohammad Irshad has been convicted under Sec. 7/16 Prevention of Food Adulteration Act and sentenced to six months rigorous imprisonment and a line of Rs. 1000.00 in default further rigorous imprisonment for one month.

(2.) The only point pressed is that in view of the youth of the revisionist, he may be given the benefit of First Offenders Act. This plea was made before the trial court also. The trial court has noted that the revisionist had produced a certificate from Madarsa Islamia of village Vishalia Dhadhera showing his date of birth as 3-6-65 which would make his age on 30-9-79 the day of sample taking to be 141/2 years. The trial court also noted that in his statement dated 3-4-80 in Court, he gave his age as 17 years. Even this would make the age near about 161/4 years on the day of occurrence. The trial court did not agree to give the benefit of First Offenders Act but noted that in view of young age he was awarded the minimum prescribed sentence.

(3.) Unfortunately there is no further data bearing on the question of sentence. In this situation since the age appears to have been accepted by the Magistrate also I think, the benefit of First Offenders Act should be extended to the revisionist.