Judgment

P. JAGANMOHAN REDDY, J.:- This appeal is by Special Leave against the Judgment of the Patna High Court exercising its Revisional Jurisdiction by which the benefit of the provisions of the Probation of Offenders Act, 1958 (Act No.20 of 1958) (hereinafter called the Act ) was denied to the Appeallant Qayum. The Appellant was convicted under sec. 379 of the Indian Penal Code and sentenced to rigorous imprisonment for six months. The prosecution case was that on the Vijayadashmi day in 1964, Jagdish Kumar Sinha along with his friends had gone to Mahalla Pathar Ki Masjid to see the procession. He had in the pocket of his pant a purse containing Rs.56/- in currency notes. At about 1.30 a.m. when he got down from the Rickshaw and went to the pan shop to purchase pan and cigarette he discovered when he wanted to pay the price of the pan and cigarette that somebody had picked his pocket and his purse was gone. He raised a hue and cry and seeing that two boys were running, he and his friends chased them. They succeeded with the help of the members of the public in catching the Appellant who had immediately passed the money from the purse to his associate Shamim who however excaped.