Judgment

SUBBA RAO, J. : (for himself and on behalf of K. C. Das Gupta J.) :

This appeal by special leave raises the question of jurisdiction of an appellate court to exercise its power under S. 6 of the Probation of Offenders Act, 1958 (Act No. 20 of 1958), hereinafter called the Act, in respect of an accused who was convicted by the trial court before the Act came into force.

2. The facts are not now in dispute. The appellant, a resident of Palwal in Gurgaon District, committed house trespass and tried to outrage the modesty of a girl aged 7 years. He was sent up for trial before the Magistrate, First Class, Palwal. The said Magistrate, on May 31, 1962, connected him under Ss. 451 and 354 of the Indian Penal Code and sentenced him to six month s rigorous imprisonment under each count and directed that the sentences should run concurrently. He further imposed a fine of Rs. 200/- on the appellant under S. 451 of the Indian Penal Code and ordered that, in default of payment of fine, he should undergo rigorous imprisonment for two months. The appellant was 16 years old at the time of his conviction. The Act was extended to Gurgaon District on September 1, 1962 and, therefore, at the tim