SHACHEENDRA DWIVEDI, J.

( 1 ) THE conviction and sentence of the two petitioners stood confirmed in appeal preferred by them against the order of conviction and sentence passed by Magistrate 1st Class, under Section 509, I. P. C. to 4 months S. I. (though in the impugned order it has been described as R. I. ).

( 2 ) ACCORDING to the prosecution, on 24/7/1982, while the complainant Mewa Bai (P. W. 1) was returning to her house after purchasing Kerosene oil, the two petitioners asked her for sexual intercourse by saying Bur De De, to which she abused them and on reaching home, she narrated the, incident to her mother Halki Bahu (P. W. 3 ). The report Ex. P. 1 was lodged with police and after the investigation a challan was filed under Section 509, I. P. C. against the accused/petitioners.

( 3 ) THE bone of contention of Shri Kochar, counsel for the petitioners in this revision is that the age of accused/petitioners being below 21, years, they could not be sentenced to imprisonment as the offence was not punishable by death or life imprisonment and therefore they deserved the benefit of Section 6 of Probation of Offenders Act, 1968 (hereinafter referred to as Act ). Shri Kochar furthe

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