1. The question for consideration is that after recording conviction, whether trial court without considering the grant or denial of the benefit under Section 562 Cr. P. C. could sentence the accused to any punishment.

2. According to learned counsel for appellant Section 562 Cr. P. C. has an object of reformation. Non-consideration of grant of probation will defeat the object and the accused will loose the chance of reformation by being incarcerated in prison. Learned trial court has not considered the grant or denial of the benefit under Section 562 Cr. P. C., therefore, sentence of punishment awarded is liable to be set aside. In support of this contention, relied on the judgment Eliamma & anr v. State of Karnataka reported in 2009(1) Crimes 355 (SC).

3. Learned counsel appearing for the complainant (respondent) contended that the appellant(accused) after having been convicted was required to file an applica­tion so as to seek benefit of Section 562 Cr. P. C., further added that the judgment as relied by the learned counsel for the appellant is of no help to the appellant because Section 562 Cr. P. C (State Code) corresponds to Section 360 Cr. P. C (Central Code). In the Central C

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