VIVEK Vs. STATE OF U P

JUDGEMENT

(1.) In this revision, admitted on the point of sentence only, sen tence of revisionist Vivek for offences under Section 325/34 and 323/34 IPC have been challenged. It would be- worthwhile to me that the lower appellate court confirmed his sentence of rigorous imprisonment for three months on both counts. The offences were committed on 8. 2. 82. In judgment of the lower appellate court passed on 3rd August, 1987 the learned lower appellate court observed that revisionist is 24 years old and so he is not entitled to first offenders benefit under Section 4 of the U. P. First offenders probation Act. Matter of age is always relevant with respect to the date of the offences. When in 1987 the lower appellate court found that the revisionist was 24 years old, it becomes evident that on the date of offence the revisionist was only 19 years of age. He too was entitled to first offenders benefit and probation under Section 4 of the U. P. First Offenders probation Act. Hence I allow this revision in part and no force at all. Union of India is not required set aside the sentences of the revisionist. He is to be made a party, granted first offencers benefit under Section 4 of the U. P. First offenders probation Act. He is on bail. He shall be summoned by the C. J. M Agra and shall be released on probation " on his furnishing his personal bond and one surety to his satisfaction for his good behaviour and maintaining peace for one year. In default of any term of the bond he shall be liable to appear before the C. J. M. and receive sentences. revision Partly Allowed. .