ANANDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A short question as to whether the courts below committed an illegality in not releasing petitioner No. 2 in this petition under the provisions of the Probation of Offenders Act has arisen in this petition.

(2.) The prosecution from which this petition arises was started in Criminal Case No. 53 of 1974 in the Court of Judicial Magistrate, First Class at Satana. In that case there was three accused charged with offences punishable under sections 451, 323 and 504 of the Indian Penal Code. Ultimately by his judgment and order dated 6th May, 1977, the learned Magistrate convicted all the accused for the offences punishable under sections 451 and 323 of the Indian Penal Code. Accused Nos. 1 and 3 were sentenced to suffer rigorous imprisonment for one month on each count and to a fine of Rs. 200/- also on each count. In default of the payment of fine, rigorous imprisonment for a further period of one month on each count was directed. Accused No. 2, however was sentenced to fine alone with the usual provisions for the default of payment of fine. All the accused were acquitted of the offence punishable under section 504 of the Indian Penal Code. It may in passing be mentioned that conviction under sections 323 was under section 323 simpliciter and not read with section 34 of the Indian Penal Code.

(3.) There is material to show that the accused No. 3 at the time of the commission of the offence was 19 years old. In the charge-sheet which was filed in the year 1974 that is that age which has been shown.