SLBBU ALIAS RAMGOPAL ALIAS SHAMBHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has been convicted of an offence under section 376, Penal Code, and sentenced to rigorous imprisonment for two years. Aggrieved by his conviction and sentence, he has preferred this appeal. His age is 15 years. One of the questions which I have to consider while deciding this appeal requires an authoritative pronouncement of a larger Bench of this Court.

(2.) THE question is whether the provisions of the Reformatory Schools Act, 1897, apply to the case of an offence, the sentence for which may extend to imprisonment for life, (e.g. sections 307, 326, 376, 377, 388 etc. etc.) THE offence under section 376, Penal Code, is such an offence. It is an accepted principle that sending of a youthful offender, whose antecedents are not shown to be bad to an ordinary prison may have the effect of making him a hardened criminal. THE intention of the law, as manifests itself in the provisions of the Reformatory Schools Act is that, in suitable cases, offenders under the age of sixteen years should not be sent to ordinary prisons but their detention in Reformatory Schools should serve as a substitute for such punishment.

(3.) IN 1955, 'transportation', as a form of punishment, was abolished by virtue of the Code of Criminal Procedure (Amendment) Act, No. 26 of 1955, (hereinafter called the Amendment Act). Diverse provisions were made for substitution of "imprisonment for life" for "transportation". Section 53 of the Penal Code, as it stood prior to commencement of the Amendment Act, read thus: