IMPORTANT POINT
Benefit of probation – Provisions of Section 361 of Cr.P.C. are mandatory.

ORDER

This revision under Section 397/401 of the Code of Criminal Procedure has been filed by the petitioner against the judgment dated 16/01/2007 passed by Additional Sessions Judge, Chachauda, District-Guna (M.P.) in Criminal Appeal No.235/2006, affirming the order dated 03/05/2006 passed in Criminal Case No.732/2003 by JMFC, Chachauda, District-Guna (M.P.), whereby the petitioner has been convicted and sentenced as under:—

Section Sentence Fine (Rs.) Default

Stipulation

498-A 1 Year RI 500/- 3 Months

of IPC RI

2. Aggrieved of the said judgment, this revision has been filed by the petitioner before this Court on the ground that the Courts below relied upon inconsistent and contradictory evidence and convicted him. There are lots of contradictions and omissions in the evidence of witnesses. The petitioner is aged about 23 years and no antecedents has been put forth by the prosecution, therefore, the Courts below should have given the benefit of Probation of Offenders Act and Section 360 of Cr.P.C. to him and further not recorded any reasons as specified in Section 361 of Cr.P.C. In support of his submission, learned counsel for the petitioner placed reliance on a decision of the Apex Court in the case of Lakhanlal @ Lakhan Singh vs. State of M.P. decided on 04/04/2019 in Criminal Appeal No.1306/2013.

3. Heard learned counsel for the parties and perused the material available on record. Section 360(1) of Cr.P.C. reads as follows:—

“360. Order to release on probation of good conduct or after admonition.—

(1) When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is-convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties, to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct and in the meantime to keep the peace and be of good behaviour:

Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub-section (2).

4. As per the aforesaid provision, said Section contemplates as to which offender is entitled to the benefit of probation and on what conditions. It contemplates that firstly, if any person not under twenty one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less; and secondly, when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, is entitled to the benefit of probation. Both categories of offenders have to further satisfy that he is not a previous convict; satisfaction of the Court having regard to the age, character or antecedents of the offender and to the circumstances in which the offence was committed. The court being satisfied can order, instead of sentencing him at once to any punishment, that he be released on his entering into a bond with or without sureties, to appear and receive sentence when called upon during