Judgement

CHANDRACHUD, J,:- The appellant was tried by the learned Presidency Magistrate, 36th Court, Bombay on the charge that on March 7, 1973, she had committed theft of a Gold necklace. Accepting the evidence led by the prosecution in support of the charge, the learned Magistrate convicted the appellant under Section 379 of the Penal Code and sentenced her to suffer rigorous imprisonment for 18 months and to pay a fine of Rupees 500/-, in default to suffer further rigorous imprisonment for six months. The appellant carried an appeal against that judgment but the High Court of Bombay dismissed the appeal summarily by a brief order. This appeal by special leave is directed against the order of the High Court, the leave being restricted to the question of sentence.

2. While granting leave, this Court had called for the report of the Probation Officer. Learned counsel appearing on behalf of the appellant argues that since the appellant was less that 21 years of age on the date of conviction, she ought to have been given the benefit of Section 6 of the Probation of Offenders Act, (XX of 1958). That section provides, to the extent material, that when any person under 21 years of age is