In these circumstances, the special leave granted is liable to be revoked.
The appellant was companyvicted by the trial Court on May 31, 1962, prior to the application of the Act to that area,.
451 and 354 of the Indian Penal Code and sentenced him to six months rigorous imprisonment under each companynt and directed that the sentences should run companycurrently.
He further imposed a fine of Rs.
After the revision petition was disposed of, it appears that the appellant filed Criminal Miscellaneous Petition No.
200/ on the appellant under s. 451 of the Indian Penal Code and ordered that, in default of payment of fine, he should undergo rigorous imprisonment for two months.
The Court did number companysider them.
The appellant preferred an appeal against his companyviction and sentences to the Additional Sessions Judge, Gurgaon, who by his judgment dated September 22, 1962, dismissed the appeal.
134 1 c of the Constitution for a certificate of fitness to appeal to this Court.
Appeal by special leave from the judgment and order dated September 27, 1962 of the Punjab High Court in Criminal Revision No.
On September 28, 1962 the appellant filed a petition praying that under ss.
It was number a companyrect statement in paragraph 9 of the special leave petition, to the effect that the petitioner filed an application under Art.
1172 of 1962.
That petition having been dismissed, the appellant has preferred the present appeal to this Court by obtaining special leave.
The ground, as recorded, prima facie showed that such an application was for leave to appeal against the order in the Criminal Revision, No.
The Act was applied on September 1, 1962, by a Government Notification, when the appellants appeal was pending in the Court of the Sessions Judge.
20 of 1958 , hereinafter called the Act, in respect of an accused who was companyvicted by the trial companyrt before the Act The facts are number number in dispute.
The appeal was dismissed on September 22, 1962.
The appellant was 16 years old at the time of his companyviction.
3, 4 and 6 of the Act the petitioner be released or that he be dealt with under s. 562 2 of the Code of Criminal Procedure, hereinafter, called the Code.
134 1 c of the Constitution dated October 3, 1962, printed at p. 25 of the appeal record and in the grounds of appeal accompanying it.
The appellant filed a petition in the High Court under Art.
The revision was dismissed on September 27, 1962.
The appellant went in revision to the High Court.
793 of 1962.
The appellant did number draw the attention of the Court to the provisions of the Act.
SUBBA RAO, J. This appeal by special leave raises the question of jurisdiction of an appellate companyrt to exercise its power under s.6 of the Probation of Offenders Act, 1958 Act, No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Neither this petition number the order of rejection was mentioned in the petition for special leave to appeal.
The petition for special leave filed in this Court sought leave to appeal against the order and judgement dated September 27, 1962 in the main revision case and number against the order rejecting the petition, Criminal Miscellaneous, No.
190 of 1962.
was delivered by Subba Rao J. Raghubar Dayal, J. delivered a dissenting Opinion.
The Act was extended to Gurgaon District on September 1, 1962 and, therefore, at the time the appellant was companyvicted by the Magistrate, the Magistrate had numberpower or duty to make any order under the Act.
Nanak Chand, for the appellant.
Gopal Singh, R.N. Sachthey and R.H. Dhebar, for the respondent.
Though by the time the Additional Sessions Judge disposed of the appeal the said Act had companye into force, neither the appellant relied upon the provisions of the Act number did the learned Additional Sessions Judge exercised his power there under.
That application was rejected.
134 1 c of the Constitution for grant of certificate of fitness for leave to appeal to this Court, but it was refused on October 19, 1962.
1172 of 1962.
Reference to these is found in the petition filed in the High Court for leave to appeal to this Court under Art.
April 10, 1964.
The Judgment of Subba Rao and Das Gupta JJ.
The appellant, a resident of Palwal in Gurgaon District, companymitted house trespass and tried to outrage the modesty of a girl aged 7 years.
He was sent up for trial before the Magistrate, First Class, Palwal.
The said Magistrate, on May 31, 1962, companyvicted him under ss.
The revision filed in the High Court by the Appellant was dismissed on September 27, 1962.
