KACHARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS case was fixed today for arguments on the bail application, but on the request of the earned Counsel for the appellant Kacharia and with the consent of the learned Public Prosecutor the entire appeal was taken up for hearing.

(2.) LEARNED Counsel for the appellant in this appeal confined his arguments to the submission that Kacharia appellant being blow 21 years of age, he should be given benefit of the provisions of Section 4 read with Section 6 of the Probation of Offenders Act and the earned Counsel did not advance any argument in respect of the conviction of the appellant Kacharia for committing an offence under Section 304 Part II I.P.C.

(3.) IT Is not ID dispute that the appellant is about 16 years of age and that he has net been convicted on an earlier occasion. It has been argued by his earned Counsel that in the circumstances of the cse the appellant should be given benefit of the provisions of the Probation of Offenders Act. Section 360 of the Code of Criminal Procedure provides that when a person under 21 years of age is convicted of an offence not punishable with death or imprisonment for life and be previous conviction is proved against him then the Court may, having regard to the age, character or antecedents of the offender and to the circumstances in which the offence was committed, direct that the effacer should be released on probation of good conduct -Section 6 of the Probation of Offenders Act also provides that when any person under 21 years of age is found guilty of having committed an offence punishable with imprisonment, but not imprisonment for life, the Court by which the person in found guilty shall not sentence him to imprisonment unlets it is satisfied that having regard to the circumstances of the case, in eluding the nature of the offence and the character of the offender, it would not be desirable to deal with him under Section 3 or Section 4 of the aforesaid Act and if the Court passes any sentence of imprisonment on the offender it shall record its reasons for doing so. It has also been provided in the aforesaid Section that the Court shall call for a report from the Probation Officer for the purposes of satisfying it Self as to whether it would be desirable to deal with such an offender under Section 3 or 4 of the aforesaid Act and consider the report of the Probation Officer and any other informatics available to it relating to the character and physical and mental condition of the offender.