The State vs Indar Singh

Harnam Singh, J.—On 13th August 1948, Major P.S. Multani, Additional District Magistrate, Ferozepore, convicted Indar Singh Respondent and sentenced him to 18 months rigorous imprisonment. The trial Court then finding that Indar Singh was 14 years old at the time of his conviction addressed a communication to the Reformatory School for the accommodation of Indar Singh in the Reformatory school for a period of three year Section on appeal, Mr. Sardari Lal Madhok, Sessions Judge, Ferozepore, while setting aside the sentence of imprisonment imposed upon Indar Singh has maintained the order for the detention of Indar Singh Respondent in the Reformatory School for a period of three year.

Now the Punjab State applies u/s 435, Code of Criminal Procedure, for the revision of the order passed in appeal by the Sessions Judge, Ferozepore, on 21st September 1948, on the ground that Indar Singh Respondent was 12 years old at the time of his conviction. The argument raised is that considering the age of Indar Singh Respondent the case falls under Rule 4 of the Rules made u/s 8(3)(b), Reformatory Schools Act, 1887, hereinafter referred to as the Act. Mr. Hans Raj Sodhi, who appears for the Punjab State in these proceedings, urges that on 13th August 1948, Indar Singh was 12 years old and that he was not 14 years old as has been assumed by the Courts below.

As stated above Indar Singh Respondent was convicted by the trial Court on 18th August 1948. On 3rd August 1948, Indar Singh Respondent in his examination u/s 342, Code of Criminal Procedure, stated his age to be 14 year. Indeed from a perusal of the record I find that Indar Singh''s age was recorded as 13 years but was later on corrected so as to read 14 year. The correction is initialled by the trial Court. Apart from what was stated in the proceedings u/s 342, Code of Criminal Procedure, there is no evidence on the record as to the age of Indar Singh Respondent. In the memorandum of appeal filed in the appellate Court Indar Singh, however, stated that he was 18 years old. On these facts Rule 4 of the Rules made u/s 8(3)(b), Reformatory Schools Act, 1887, has no application to the case. Rule 4 reads:

Subject to the provisions of Rule 6, every youthful offender sent to a Reformatory School who is found by the Magistrate to be under thirteen years of age at the time of his conviction shall be sent to the School for five year Section.

Rule 4 cited above is subject to what is contained in Rule 5 which provides:

Every youthful offender who is a member of a criminal tribe proclaimed in the Punjab or elsewhere under the Criminal Tribes Act (XXVII [27] of 1871) shall, if of eleven years of age or under at the time of conviction, be sent to a Reformatory School for seven years, and it over eleven years of age for a period that will expire on his attaining the age of eighteen.

Clearly, Rule 4 and 5 have no application to the facts of this case.

The question then arises whether Indar Singh Respondent has been rightly sent to the Reformatory School for a period of three year Section Clearly, the case falls under Rule 3, which runs:

Every youthful offender sent to a Reformatory School who is found by the Magistrate to be 13 years of age or more at the time of his conviction shall be sent to the School for a period that will expire on his attaining the age of 18 year Section.

Finding that Indar Singh Respondent was not under 13 years of age at the time of his conviction, I modify the order passed by the Sessions Judge in appeal and direct that Indar Singh shall be sent to the Reformatory School for a period that will expire on his attaining the age of 18 year.

Before leaving this judgment, I think it necessary to point out that in a case where on conviction a youthful offender has to be dealt with under the Act, the Court trying that case will be well advised to examine evidence as to the age of the offender before sending him to the Reformatory School. In the absence of such evidence it is difficult for the Court dealing with that case in appeal or revision to correctly apply the provisions of the Reformatory Schools Act, 1887.