M. Hameedullah Beg, J. - (1.) The Applicant was an Assistant Supervisor (Hydel), Sub Division Kakore in the district of Bulandshahr and was alleged to have demanded a bribe of Rs. 200/ -. He was convicted on evidence including that of a trap and sentenced to two years' RI Under Sec. 161 IPC and four years' RI Under Sec. 5(1) (d) read with Sub -section (2) of the Prevention of Corruption Act. The Applicant was also sentenced to pay a fine. On an appeal, this Court, after the examination of the whole evidence, affirmed the Applicant's convictions, but his sentence Under Sec. 5(1)(d)(2) was reduced from four years' RI to three years' RI. The sentences were made concurrent.
(2.) The Applicant has now applied practically for a review Under Sec. 561 -A Code of Criminal Procedure. He states that he is a young man of 28 years, who has lost his job as a result of his conviction and that he is the bread winner of his family consisting of his wife and children. It is also stated in the application that he is a first offender against whom there is no previous conviction. It is prayed that action may now be taken against him under the UP First Offenders (Probation) Act, 1938, (hereinafter referred to as 'the Act') and that an order under it may be substituted for the sentence of imprisonment.
(3.) Mr. R.S. Dhavan, appearing for the Applicant, contends that this is not an application for review of the judgment and order of this Court because the Applicant, after accepting the correctness of his conviction and sentence, relies upon certain new facts now placed before this Court for the first time for action Under Sec. 4 of the Act. The question, therefore, has arisen whether this Court has power in such cases to act Under Sec. 551 -A Code of Criminal Procedure. No authority could be cited by either side on this question inspite of several opportunities having been given to produce some authority. I, therefore, consider it necessary to deal with this question as if it has arisen for the first time in this Court.;