THE STATE Vs. PARAMA BEHERA ALIAS GOCHHAIT

JUDGEMENT

(1.) OPPOSITE party Parama Behera alias Gochhait was convicted under Section 454/380, Indian Penal Code for having committed lurking house trespass on 20th of December, 1971 by entering into the quarters of the Lady Health Visitor, Khamar, and committing theft of a Phillips radio with the licence belonging to the Lady Health Visitor from her quarters. Originally the accused did not plead guilty but subsequently he confessed his guilt voluntarily in Court before the trial Magistrate. The radio was recovered from his house. P.w. 1, a co -villager of his, was examined in support of the prosecution case. By accepting the confessional statement of the accused as voluntary and true the learned Magistrate convicted him under Section 454/380, Indian Penal Code and sentenced him to undergo R.I. for six months and to pay a fine of Rs. 100/ - in default to undergo R.I. for a further period of one month on each count. He further directed that the substantive sentence of imprisonment shall run concurrently.

(2.) THE learned Magistrate further said that the accused is a first offender and he is a Harijan boy of tender age. Accordingly he released the accused on probation of good conduct for a period of one year from the date of conviction. Instead of executing the sentence at once he directed that the accused be released on probation of good conduct for a period of one year on his executing a bond with one surety for Rs. 500/ - and directed him to keep the peace and be of good behaviour during this period.

(3.) POWER of Court to release certain, offenders on probation of good conduct. (1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the Court may direct and in the meantime to keep the peace and be of good behaviour;