Kansingh Vs. the State of Rajasthan

penal code - section 323 and probation of offenders act--sections 3 & 4--first offence--sentence reduced to imprisonment already undergone. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - 1000/-,in the court of the additional sessions judge, sikar within a month, for keeping the peace and be of good behaviour for one year.v.p. tyagi, j.1. learned counsel appearing on behalf of appellant kan singh has urged that his client has been convicted by the learned additional sessions judge, sikar, for an offence under section 323 indian penal code and has been sentenced to three months' simple imprisonment and a fine of rs. 50/-, or in default to further undergo three months' simple imprisonment, and as it is his first offence he should be given the benefit of the provisions of section 3 read with section 4 of the probation of offenders act as the appellant has already undergone 20 days' simple imprisonment and is prepared to deposit the fine imposed by the trial ourt.2. learned counsel appearing on behalf of the state has no objection if the accused appellant is released on probation maintaining the substantive sentence already undergone and the sentence of fine.3. looking to the nature of the injuries sustained by the victim bhom singh and other circumstances in which the incident had taken place, i am inclined to accept the prayer of mr. chatterji.4. the result is the appeal is partly allowed, the conviction of the accused-appellant under section 323 indian penal code is maintained but the substantive sentence awarded to him by the trial court is reduced to one already undergone by the accused-appellant and the sentence of fine is maintained, provided the accused-appellant furnishes a bond for rs. 1000/-, in the court of the additional sessions judge, sikar within a month, for keeping the peace and be of good behaviour for one year.