LAWS(KAR)-1971-6-11

SABA Vs. STATE

Decided On June 29, 1971
SABA Appellant
V/S
STATE BY DAVANGERE POLICE Respondents

JUDGEMENT

(1.) The petitioner-accused was charged with having committed theft of 374 gold dyes valued at Rs.1000 on 30-9-1969 from the house of PW.3, Krishna of Davanagere and thereby committed an offence punishable under S.380 IPC. in the Court of the Special First Class Magistrate, Davanagere. The learned Magistrate, relying on the evidence of PW.3 Krishna and other circumstances, was of the view that the accused was the person who committed the theft of the said gold dyes from the house of Krishna. Therefore, he convicted the accused under S.380 IPC. and instead of sentencing him, directed the accused to be detained in the borstal school at Dharwar for a period of three years. On an appeal to the Sessions Court, the learned Sessions Judge, Chitradurga, confirmed the decision of the learned Magistrate. This revision petition is directed against the said conviction and sentence.

(2.) Mr. G.R.Nataraj, the learned Counsel for the accused, did not point out any material irregularity in the procedure or any infirmity in the decision of the Courts below. In fact, he did not seriously challenge the findings of the Courts below. But so far as the sentence, directing the accused to be detained for three years in borstal school is concerned, he urged that in view of the provisions of the Probation of Offenders Act, 1958, the accused being under 21 years of age, the Courts below should have exercised their power under S.3 of the said Act. S.3 of that Act provides:

(3.) It is not disputed in this case that the accused is below 21 years of age and in fact at the time the appeal was heard, he was about 16 years of age. The object of this Act is to prevent the turning of youthful offenders into criminals by their association with hardened criminals of mature age within the walls of a prison. The legislature has thought fit to enact the provisions of this Act with a view to bring about reformation in the youthful offenders for their crime. The detention of the accused in the borstal school for a period of three years of course is not for associating the accused with criminals. The purpose of it is to educate him and to reform him. If the accused is detained for three years in the borstal school, having regard to the background that he has been convicted for the offence of theft, there is likelihood of his being reformed or becoming otherwise also by detention in the borstal school for such a long period. S.3 of the Act has been enacted to enable the Court to release certain offenders after admonition. This is a case in which the Courts below should have exercised their power under S.3 of the Act to release the accused after admonition taking into consideration the provisions of S.4 of the Act, I, therefore, release the accused under S.3 of the Act after due admonition with a condition that he should enter into a self bond for good behaviour for a period of two years and with a direction that he should furnish a surety for keeping good behaviour for a sum of Rs.500. If, during the period of two years, he violates the conditions of his release, he shall be called upon to receive sentence, that may be imposed by the trial Court. With the above modification in sentence, the revision petition stands dismissed.