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..........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.....
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.