JUDGMENT

BHAGWATI, J. :—The appellant and one Mohd. Yusuf Gulam Mohd. were charged for an offence under Section 379 read with Section 34 of the Indian Penal Code for snatching two sarees from one Govind whilst he was carrying them from the shop of his master to that of a washer and dyer. The learned Presidency Magistrate, who tried the case, accepted the prosecution evidence and found the appellant and Mohd. Yusuf Gulam Mohd. guilty of the offence under Section 379 read with Section 34 and sentenced each of them to suffer rigorous imprisonment for six months. It does not appear from the judgment of the learned Presidency Magistrate that, though the appellant was only seventeen years and three months old at the date of the offence and the offence was not punishable with imprisonment for life, the attention of the learned Presidency Magistrate was invited to the provisions of Section 6 of the Probation of Offenders Act, 1958. The appellant preferred an appeal against the order of conviction and sentence to the High Court of Bombay but the appeal was unsuccessful. The High Court took the same view of the evidence as the learned Presidency Magistrate and confirmed the conviction of the