MOHAMAD AZlZ MOHAMED NASIR vs STATE OF MAHARASHTRA

The Supreme Court held that under Section 6 of the Probation of Offenders Act, 1958, a person under 21 years of age found guilty of an offence punishable with imprisonment, but not for life, should not be sentenced to imprisonment unless the court is satisfied that it is undesirable to deal with them under Sections 3 or 4 of the Act. The Court found that both the trial court and the High Court failed to consider this provision, leading to an improper imposition of a sentence. Consequently, the Court set aside the sentence of imprisonment and directed the application of the Probation of Offenders Act in the appellant's case.