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P.K.BHASIN, J:

These two revision petitions have been filed by the petitioners under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure,1973 against the two separate judgments/orders passed by the learned Additional Sessions Judge whereby their appeals against the order passed by the trial Court holding them guilty of the commission of offence punishable under Section 2(1)(i) of The Bombay Prevention of Begging Act, 1959 were dismissed and their detention in a Certified Institution for a period of one year was also maintained.

5. Both the petitioners were produced by the police before the Special Magistrate on 17th July, 2012 alongwith a complaint of their having been apprehended while they were begging and on that date the following order was passed in the case of petitioner Mausham:-

"Present: None for the State/Accused Accused is produced in custody by Sh. Purshotta, ASI/DAP,posted at Anti Begging Mobile Squad of Police.

A fresh complaint has been filed against Mausham S/o Sh. Om Prakash aged about 22 years R/o Lal Quarter, Sector-4,Rohini, Delhi. It be checked and registered. The complaint filed by a public servant in discharge of his official duties as such; there is no need to record the preliminary evidence. Accused is admitted to bail on furnishing of Personal Bond and Security Bond in the sum of Rs. 2,000/- (Rs. Two Thousand Only) failing which he be sent to R.C.C. On the basis of Kalandra and after giving fair opportunity to hear the accused, a case u/s 2(1)(i) of the Bombay Prevention of Begging Act, 1959 is made against the accused. Therefore a notice u/s 251 Cr.P.C. served upon the accused to which he pleaded guilty without any threat, inducement and promise from anyone and does not claim trial. Accusation has been explained to the accused in vernacular (Hindi) and he has been cautioned that the accused is not required to plead guilty and he has been told about the consequences also, and despite the consequences being told, the accused has voluntarily pleaded guilty.

On being enquired, the accused voluntarily admitted before the Court that he was arrested while found begging from the passerbys in the DTC Bus at Rafi Marg, New Delhi-110001 at Red Light at 10.05 am and a sum of Rs. 75/- (Rs. Seventy Five only) in the form of coins and notes of different denominations as alms was recovered on his search as per his Personal Search Memo. He further added that he is unmarried and uneducated. He further deposed that he is living in Delhi Lal quarter at Sector-4 in Rohini with his family consisting his parents and brothers. Earlier they were living in Motia Khan, Paharganj, New Delhi. He further deposed that his father and other brothers are doing private job and are earning enough to maintain and support the whole family but he receives alms being his traditional work and he received alms by playing musical instrument (Dhole/Dhapli) in the buses. He further added that he does not want to do any work or labour and is committed to receive alms. Social Investigation Report (SIR) of P.O. was called for and on the basis of a summary enquiry conducted in terms of Section 5(1) of the BPB Act, 1959, the accused person was found begging and committed an offence of begging u/s 2(1)(i) of the BPB Act, 1959 and guilty of the offence charged and he is a professional beggar. I am satisfied that the accused voluntarily pleaded guilty and thereafter accused is guilty for the offence charged and is accordingly convicted U/s 5(5) of the Bombay Prevention of Begging Act, 1959.

On being enquired, the accused voluntarily admitted before the Court that he was arrested while found begging from the passer bys in the DTC Bus at Rafi Marg, New Delhi-110001 at Red Light at 10.05 am and a sum of Rs. 87/- (Rs. Eighty Seven only) in the form of coins and notes of different denominations as alms was recovered on his search as per his Personal Search Memo. He further added that he is unmarried and uneducated. He further deposed that he is living in Delhi Lal quarter at Sector-4 in Rohini with his family consisting his parents and brothers. Earlier they were living in Motia Khan, Paharganj, New Delhi. He further deposed that his father and other brothers are doing private job and are earning enough to maintain and support the whole family but he receives alms being his traditional work and he received alms by playing musical instrument (Dhole/Dhapli) in the buses. He further added that he does not want to do any work or labour and is committed to receive alms. Social Investigation Report (SIR) of P.O. was called for and on the basis of a summary enquiry conducted in terms of Section 5(1) of the BPB Act, 1959, the accused person was found begging and committed an offence of begging u/s 2(1)(i) of the BPB Act, 1959 and guilty of the offence charged and he is a professional beggar. I am satisfied that the accused voluntarily pleaded guilty and thereafter accused is guilty for the offence charged and is accordingly convicted U/s 5(5) of the Bombay Prevention of Begging Act, 1959.