The central legal point established in the judgment is the entitlement of a person below 21 years and without previous criminal antecedents to the benefit under the Probation of Offenders Act.

JUDGMENT

Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following reliefs:-

"It is, therefore, prayed that this Hon'ble court will be pleased to send for the record of the lower court, perused the same and after perusal quash the conviction and sentence, acquit him and pass any other order that this Hon'ble court deems it and proper."

3. The matter pertains to an incident that occurred in the year 1983 and the present appeal has been pending since 1993.

4. Vide impugned judgment dated 27.09.1993, the learned trial court convicted the accused-appellant for the offence under Section 397 IPC and sentenced him to undergo seven years simple imprisonment, alongwith a fine of Rs. 500/-, in default in payment of fine, to undergo further one month simple imprisonment. The offence under Section 397 IPC, as per the Indian Penal Code, is punishable with imprisonment, for a term not less than seven years.

5. Learned counsel for the accused-appellant submits that at the time of occurrence of the alleged incident, the accused-appellant was 20 years of age, and he has no previous criminal antecedents to his discredit.

6. Learned counsel for the accused-appellant further submits that the sentence awarded to the accused-appellant was suspended by this Hon'ble Court vide the order dated 10.01.1994, passed in S.B. Criminal Misc. Petition No. 417/93, and thus, he is on bail.

7. Learned counsel for the accused-appellant however, makes a limited prayer that the accused-appellant may be granted benefit under Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act'). Learned counsel also referred to Section 6 of the Act.

Sections 4 & 6 of the Act read as under:

"4. Power of court to release certain offenders on probation of good conduct.--

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, 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 behavior: Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.

(2) Before making any order under sub-section (1), the court shall take into consideration the report, if any, of the probation officer concerned in relation to the case.

(3)...

(4)...

(5)..."

"6. Restrictions on imprisonment of offenders under twenty-one years of age.--

(1) When any person under twenty-one years of age is found guilty of having committed an offence punishable with imprisonment (but not with imprisonment for life), the court by which the person is found guilty shall not sentence him to imprisonment unless it is satisfied that, having regard to the circumstances of the case including 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, and if the court passes any sentence of imprisonment on the offender, it shall record its reasons f