Point of Law: Conviction - Benefit of probation.

JUDGMENT :

ALOK KUMAR VERMA, J.

1. This Criminal Revision has been filed against the judgment dated 28.08.2021, passed by the learned Sessions Judge, Almora, in Criminal Appeal No. 15 of 2020, Pawan Singh Bisht alias Rancho vs. State of Uttarakhand, whereby, the Appeal of the revisionist has been partly allowed and the sentence has been modified. The learned Appellate Court awarded the sentence, which was already served by the revisionist. The said Appeal was filed against the judgment dated 15.02.2020, passed by the learned Judicial Magistrate/Civil Judge (Senior Division), Almora in the Criminal Appeal No. 100 of 2019, State vs. Pawan Singh Bisht alias Rancho, whereby, the learned trial court had convicted and sentenced to the revisionist-accused to undergo one year simple imprisonment along with a fine of Rs. 10,000/- for the offence under Section 411 of the I.P.C.

2. This Criminal Revision is admitted.

3. According to the prosecution-respondent, one ring of gold, two wrist watch of Titan and one of H.M.T. one hand bag, Rs. 25,000/- etc. were stolen from the house of the informant. The FIR was lodged. During the investigation, some stolen articles were recovered from the possession of the revisionist - accused. After completion of the investigation, the charge-sheet was filed.

4. The charges were framed. The revisionist-accused pleaded not guilty and claimed to be tried. The prosecution has examined as many as four witnesses.

5. The statement of the revisionist-accused was recorded under Section 313 of the Code of Criminal Procedure, 1973. The revisionist denied all the incriminating evidence, produced by the prosecution.

6. The learned trial court heard the learned counsel for both the parties, appraised the evidence, adduced by the prosecution and passed the judgment. The revisionist-accused filed an Appeal. The learned Appellate Court has passed the impugned judgment.

7. Heard Mr. Harshit Sanwal, the learned counsel for the revisionist and Mr. Rohit Dhyani, the learned Brief Holder for the State of Uttarakhand.

8. During the arguments, the learned counsel appearing for the revisionist submitted that the present matter is pending since 2018, at the time of the incident, the age of the revisionist was about 21 years; the revisionist is a student of B.S.C. the revisionist has already served six months of his sentence and the revisionist has no criminal history.

9. After advancing the said submissions, the learned counsel appearing for the revisionist requested to alter the sentence and give him (the revisionist) the benefit of probation under the provisions of the Probation of Offenders Act, 1958.

10. Mr. Rohit Dhyani, the learned Brief Holder appearing for the State, has no objection.

11. The present matter is pending since the year 2018. At the time of the incident, the age of the revisionist was about 21 years. He has already served six months of his sentence and he has no criminal history.

12. After considering the facts and circumstances of the case, it seems appropriate that the sentence, passed against the revisionist, should be altered and the benefit of probation should be granted to the revisionist. Consequently, without altering the findings of the court below, the nature of the sentence is being altered.

13. Resultantly, the revisionist-accused Pawan Singh Bisht alias Rancho be released on probation of good conduct for six months, on his entering into a bond of Rs. 30,000/- with one surety of the like amount to appear and receive sentence when he is called during such period. In the meantime, the revisionist is directed to keep the peace and be of good behavior. The revisionist is further directed to appear before the Probation Officer, Almora, within a week from today.

14. The Registry is directed to sent a certified copy of this order to the Probation Officer, Almora, for necessary action.

15. Let a certified copy of this order be issued to the learned counsel for the revisionist, today itself, on the payment of usual charges