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TMI Blog2021 (1) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... nce. The Appellants are released on probation of good conduct Under Section 4 of the said Act on their completion of half the sentence and on their entering into a bond with two sureties each to ensure that they maintain peace and good behaviour for the remaining part of their sentence, failing which they can be called upon to serve that part of the sentence. Appeal disposed off. - Criminal Appeal Nos. 47-48 of 2021 (Arising out of SLP (Crl.) Nos. 6283-6284/2020) - - - Dated:- 19-1-2021 - Sanjay Kishan Kaul and Hrishikesh Roy, JJ. For the Appellant: Anirudh Sanganeria, AOR For the Respondent: Jaspreet Gogia, AOR and Karanvir Gogia, Shivangi Singhal, Advs. and Abhishek Kumar Singh, AOR JUDGMENT Sanjay Kishan Kaul, J. 1. The Appellants were youngsters aged 20 and 19 years when they fell foul of the law. On 14.02.2003, at around 7.30 p.m., the Appellants alongwith co-Accused Gurpreet Singh [1] approached the complainant-PW1 to hire a taxi to go to a village. En route, when at their behest the car was stopped, Gurpreet Singh caught hold of the complainant and the Appellant Jagdeep Singh took a dagger and inflicted 6-7 injuries on PW1's forehead. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... continuing detention of the Appellants to serve out the remaining sentence. On the other hand, learned Counsel for the Appellants has sought the benefit under the said Act in view of the age of the Appellants when the offence was committed. 6. We may notice that the Statement of Objects and Reasons of the said Act explains the rationale for the enactment and its amendments: to give the benefit of release of offenders on probation of good conduct instead of sentencing them to imprisonment. Thus, increasing emphasis on the reformation and rehabilitation of offenders as useful and self-reliant members of society without subjecting them to the deleterious effects of jail life is what is sought to be subserved. Section 6 of the said Act, as per its own title, provides for restrictions on imprisonment of offenders under twenty-one years of age. The said provision reads as under: 6. Restrictions on imprisonment of offenders under twenty-one years of age.--( 1) When any person under twenty-one years of age is found guilty of having committed an offence punishable with imprisonment (but not with imprisonment for life), the court by which the person is found guilty shall not sentence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ious influence of hardened criminals.[Ishar Das v. State of Punjab, (1973) 2 SCC 65, pr.7]. In the facts of the present case, the Appellants are stated to be below 21 years of age as on the date of offence. The sentencing order was passed by the trial Court noting that the Appellants committed an offence of serious nature against a poor person and were thus disentitled from the benefits under the said Act or Under Section 360 Code of Criminal Procedure. 8. In Satyabhan Kishore v. State of Bihar, (1972) 3 SCC 350 this Court had noted the distinction between Section 6, which is in the nature of an injunction for courts to follow as distinct from Section 3 or 4 of the Act; which are discretionary in nature. The relevant provisions read as under: 3. Power of court to release certain offenders after admonition.--When any person is found guilty of having committed an offence punishable Under Section 379 or Section 380 or Section 381 or Section 404 or Section 420 of the Indian Penal Code, (45 of 1860) or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code or any other law, and no previous conviction is proved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the offender. (4) The court making a supervision order under Sub-section (3) shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants or any other matter as the court may, having regard to the particular circumstances, consider fit to impose for preventing a repetition of the same offence or a commission of other offences by the offender. (5) The court making a supervision order under Sub-section (3) shall explain to the offender the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the offenders, the sureties, if any, and the probation officer concerned. In the case of the Appellants, Section 3 would have no application taking into consideration nature of offence. However, Section 4 could come to the aid of the Appellants as the offence committed, of which they have been found guilty, is not punishable with death or imprisonme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e aforesaid aspect is confirmed by the wording of the said Act which reads as under: 18. Saving of operation of certain enactments .--Nothing in this Act shall affect the provisions of Section 31 of the Reformatory Schools Act, 1897 (8 of 1897), or Sub-section (2) of Section 5 of the Prevention of Corruption Act, 1947 (2 of 1947), or of any law in force in any State relating to juvenile offenders or Borstal Schools. 13. Even though, Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the PC Act') prescribes a minimum sentence of imprisonment for not less than 1 year, an exception was carved out keeping in mind the application of the Act. In Ishar Das (supra), this Court noted that if the object of the legislature was that the Act does not apply to all cases where a minimum sentence of imprisonment is prescribed, there was no reason to specifically provide an exception for Section 5(2) of the PC Act. The fact that Section 18 of the Act does not include any other such offences where a mandatory minimum sentence has been prescribed suggests that the Act may be invoked in such other offences. A more nuanced interpretation on this aspect w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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