ASHOK KUMAR AND ARUN KUMAR Vs. STATE

JUDGEMENT

(1.) THE applicant Arun Kumar has moved this application under section 561-A (old)/482 (new) of the Code of Criminal procedure with the prayer that he should be given the benefit of section 4 of the U. P First Offenders Proba­tion Act, 1938 and be directed to be released on probation of good conduct. A true copy of the School Certificate of the applicant is Annexure I to the affidavit of Sukh Lal filed in support of this application.

(2.) THE facts giving rise to this applica­tion art that Arun Kumar and Ashok Kumar were tried in Sessions Trials Nos. 87 and 132 of 1970 for having robbed one Keshav of Rs. 117/- on October 14, 1969 at about 9.30 P.M. At the time of the incident Arun Kumar erased a knife on the chest of Keshav while Ashok Kumar relieved Keshav from his bush shirt of a sum of Rs. 117/-. After the incident Arun Kumar and Ashok Kumar -an away from the scene. On the alarm raised by the victim, Head Gonstable Ram Bihadur Shukla and Constable Ram Bharosey, who were on patrol duty, succeeded in arresting Arun Kumar and Ashok Kumar near the Booking Office of a private bus stand, and on search of their persons a knife was re-covered from the priama pocket of Arum Kumar, and Rs. 117/- in cogency notes were recovered from the pant's pocket of Ashok Kumar.

(3.) ARUN Kumar and Ashok Kumar pleaded not guilty and gave a counter-version. According to them Keshav used to commit sodomy on them. On the day of occurrence Keshav had com­mitted sodomy on Arun Kumar and Ashok Kumar and offered them Rs. 5/-while they demanded a sum of Rs. 20/-and by way of joke they snatched the money from the hand of Keshav and ran away, and Keshav lodged a false report.