STATE OF UP Vs. BABOO RAM

JUDGEMENT

(1.) THIS revision by the State against the judgment and order of the Sessions Judge Bijnor dated 14 -9 -1967 has been filed in the following circumstances.

(2.) BABU Ram opposite party was the Cashier of the Block Development Office Najibabad, district Bijnor. The charge against him was that he had committed criminal breach of trust in respect of three sums of money amounting to Rs. 573.95 p., 754.46 p. and 1236.26 p. on 26 -10 -1964, 8 -2 -1965 and 20 -2 -1965 respectively, which were entrusted to him.

(3.) THE learned State Counsel has invited our attention to the provisions of Section 562(1 -A) of the Code of Criminal Procedure which lays down that it is only in a case in which a person is convicted of an offence under the IPC punishable with not more than two years imprisonment and no previous conviction is proved against him that the Court may, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition. The argument is that Under Section 409, IPC the offender is punishable with imprisonment for life or imprisonment of either description for a term which may extend to ten years. That being so, it is an offence in which the benefit of Section 562(1 -A) Code of Criminal Procedure could not be given to the offender. The learned State Counsel, therefore, contends that the order of the trial Judge is illegal. That may be so. But in view of the totality of the circumstances enumerated above, we do not think it a fit case for interference in our revisional jurisdiction. Accordingly, we dismiss the revision.