SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this criminal revision petition is to set aside the judgment of conviction and the order of sentence dated 31.01.2011 passed by learned Judicial Magistrate, Ist Class, Amloh whereby the petitioner was held guilty for having committed the offence punishable under Section 379, Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and pay fine of Rs. 500/-.

(2.) CHALLENGE has also been made to the judgment dated 05.07.2012 passed by learned Additional Sessions Judge, Fatehgarh Sahib, whereby the appeal filed by the petitioner was dismissed on merits. However, the substantive sentence was reduced to rigorous imprisonment for six months.

(3.) LEARNED counsel submits that the petitioner is the first offender. He is neither required nor involved in any other case. He further submits that the alleged incident of theft of a motor-cycle had taken place on 14.07.2005. During the course of trial and appeal, the petitioner remained on bail but he never misused the said concession. He further submits that keeping in view the antecedents of the petitioner and the manner in which the alleged incident of theft had taken place, both the courts below should have dealt with the petitioner leniently in awarding the sentence and he should have been released on probation. He further submits that sub-section (3) of Section 360, Cr.P.C. specifically prescribes that in any case in which a person is convicted of theft and no previous conviction is proved against him, the court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment , release him after due admonition. He further submits that by virtue of sub-section (4) of Section 360, Cr.P.C., an order under Section 360, Cr.P.C. can be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision.