NALU SAHU Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 561-A, Cr. P. C. for a review and modification of sentence passed on the two petitioners by this Court in Criminal revision No. 165 of 1963 by the judgment dated 6th September, 1963.

(2.) THE two petitioners were tried for an offence under Section 380 and 454 I. P. C. for housebreaking and theft of some ornaments and cash from the house of a prostitute named Adiguni (P. W. 1) in Ganjam district. The trying Magistrate, by his judgment dated 31st March 1962 sentenced them to undergo rigorous imprisonment for one-year each, on each count, and also directed that the sentences should run consecutively. On appeal, the learned Sessions Judge of berhampur by his judgment dated 22nd March 1963, maintained the conviction and sentence but directed that the sentences should run concurrently. The petitioners then preferred a Criminal Revision (Cr. Revision No. 265 of 1963)before this Court, which disposed of it on merits, by its judgment dated 6th september 1963. The High Court maintained the conviction of the two petitioners but further reduced the sentences to six months each (the sentences to run concurrently ). This Court further observed that though the petitioners were young men aged about 20 years they committed the offence with deliberation for a dishonest purpose and that therefore the case should not be dealt with leniently, though in view of their youth the sentence might be reduced.

(3.) UNFORTUNATELY the attention of the learned Sessions Judge who heard the appeal and of this Court while hearing the aforesaid Criminal Revision, was not invited to the fact that the Probation of Offenders Act, 1958 had been extended to the district of Ganjam with effect from 1st December 1962--by the Government of orissa, Home Department Notification No. 27941--Jails dated 30th November 1962. Counsel for the petitioners also did rot urge before these two Courts that section 6 of the said Act should be applied.