Probation of Offenders Act, 1958–Object of enactment–Act is a special welfare legislation and where applicable, is intended to be liberally construed to advance it’s object of preventing the conversion of youthful or first time offenders into hardened criminals–Provisions of Act and Sec. 360, Cr.P.C. are not merely enabling but imposes a corresponding duty upon the Court to actively consider their applicability at the stage of sentencing–Where the case falls within the permissible parameters of probation, denial of such benefit must be supported by cogent, specific and special reasons.
