SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was convicted under Section 25 of the Arms Act, for recovery of a country made pistol, by the order of the Judicial Magistrate, Ist Class, Hoshiarpur, dated 18.6.1988, and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs 500/-, and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for six months. The appeal filed by the petitioner against the order of conviction and sentence was dismissed by the Sessions Judge, Hoshiarpur, vide his order dated November 27, 1989.

(2.) Aggrieved against the orders of conviction and sentence passed by the Courts below, the present revision petition has been filed. It was admitted by this Court only qua sentence to be awarded to the petitioner and also whether the benefit of Probation of Offenders Act can be awarded to him.

(3.) Recovery of country-made pistol was effected from the petitioner as far back as February 12, 1987. The judgment of the trial Court reveals that the age of the petitioner was 22 years. At the time of commission of the offence the age of the petitioner would thus be below 21 years of age. None of the Courts below has considered the question about granting the benefit of Probation of Offenders Act. Nor the Courts below called the report of the Probationary Officer before refusing to give the benefit of probation to the petitioner. Mere fact that the minimum sentence has been prescribed by the Legislature for commission of the offence under Section 25 of the Arms Act, in my view would not be sufficient to deprive the petitioner from getting the benefit of Probation of Offenders Act in the instant case.