1964 (4) TMI 114 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the appellate court under Section 6 of the Probation of Offenders Act, 1958.
2. Retrospective application of the Probation of Offenders Act, 1958.
3. Powers of the High Court under Section 11 of the Probation of Offenders Act, 1958.
4. Compliance with the mandatory provisions of Section 6 of the Probation of Offenders Act, 1958.
5. Whether the Supreme Court can exercise the same power under Section 11(1) of the Probation of Offenders Act, 1958.
6. Applicability of the Probation of Offenders Act, 1958, to cases decided before the Act came into force in a particular area.

Detailed Analysis:

1. Jurisdiction of the appellate court under Section 6 of the Probation of Offenders Act, 1958:
The primary issue was whether the appellate court could exercise its power under Section 6 of the Probation of Offenders Act, 1958, for an accused convicted before the Act came into force in the concerned area. The appellate court and the High Court have the jurisdiction to make an order under Section 6(1) of the Act, even if the trial court could not have done so because the Act was not in force at that time. The phraseology of Section 11(1) is wide enough to include appellate and revisional courts.

2. Retrospective application of the Probation of Offenders Act, 1958:
The Act is a post facto law and has retrospective operation. The statute affects an offence committed before it was extended to the area in question. The Act does not change the quantum of the sentence but introduces a provision to reform the offender. The rule of beneficial construction should be applied to the Act, as it is intended to implement a social reform.

3. Powers of the High Court under Section 11 of the Probation of Offenders Act, 1958:
Section 11(1) of the Act allows any court empowered to try and sentence the offender to imprisonment, including the High Court, to make an order under the Act when the case comes before it on appeal or revision. This provision is comprehensive and allows the High Court to exercise the same powers as the trial court under Section 6(1) of the Act. The High Court can make an order under Section 6(1) even if the trial court could not have done so due to the Act not being in force at that time.

4. Compliance with the mandatory provisions of Section 6 of the Probation of Offenders Act, 1958:
A court cannot impose a sentence of imprisonment on a person under 21 years of age found guilty of an offence punishable with imprisonment unless it is satisfied that it would not be desirable to deal with him under Sections 3 or 4 of the Act. The court must call for a report from the probation officer and consider it before making any decision. The calling for a report from the probation officer is a condition precedent for the exercise of the power under Section 6(1) of the Act.

5. Whether the Supreme Court can exercise the same power under Section 11(1) of the Probation of Offenders Act, 1958:
The Supreme Court, in disposing of an appeal against an order of the High Court, would be deciding what the High Court should have held in the revision before it. The Supreme Court's power is confined to the scope of the power exercisable by the High Court. Therefore, the Supreme Court can either make an order under Section 6(1) of the Act or direct the High Court to do so. The Supreme Court must comply with the provisions of Section 6 of the Act before making any order.

6. Applicability of the Probation of Offenders Act, 1958, to cases decided before the Act came into force in a particular area:
The dissenting opinion argued that the appellate court could not take action under the Act if the trial court could not have done so because the Act was not in force at the time of conviction. The majority opinion, however, held that the appellate court and the High Court could exercise their powers under Section 11 of the Act, even if the trial court could not have done so due to the Act not being in force at that time.

Conclusion:
The majority opinion set aside the order of the High Court and directed it to make an order under Section 6 of the Probation of Offenders Act, 1958, or to remand the case to the Sessions Court for doing so. The appeal was allowed, emphasizing the importance of complying with the mandatory provisions of the Act and the beneficial construction of the statute to implement social reform.