Probation of Offenders Act, 1958, ss. 611-Criminal Law- Conviction of accused by trial court before the coming into force of the Act-Whether Act-Whether High Court can exercise powers conferred on Court under s. 6.

The appellant, a resident of Palwal in Gurgaon District, committed house trespass and tried to outrage the modesty of a girl aged 7 years. By an order dated May 31, 1962, he was convicted by magistrate and sentenced to rigorous imprisonment. He was also ordered to pay fine. At the time of his conviction, he was 16 years old.

The Probation of Offenders Act, 1958 was extended to Gurgaon on September 1, 1962 and hence at the time of his conviction the magistrate had no power or duty to make any order under the Act. The appeal of the appellant was dismissed by the Additional Sessions Judge, Gurgaon by his order dated September 22, 1962. His revision petition was also dismissed by the High Court on September 27, 1962. No ground was taken either before the Additional Sessions Judge or High Court that the provisions of the Probation of Offenders Act, 1958 should be applied in the case. After the dismissal of the revision petition, appellant filed a criminal miscellaneous petition requesting the High Court to exercise its powers under s. 11 of the Act and pass orders under ss. 3, 4 or 6 of the Act. The application was also dismissed by High Court. The appellant filed a petition in the High Court for the grant of a certificate of fitness to appeal to this Court and one of the grounds taken was that High Court should have acted under s. 11 of the Act and passed orders under ss. 3, 4 or 6 of the Act. The certificate having been refused by High Court, the appellant came to this Court by special leave. Accepting the appeal,