further there is no doubt that there is a discretion available with the court as to punish him by imprisonment which may extend to 5 years or with fine or both and in absence of any special and adequate reason, the imprisonment shall not be less than one year and such fine shall not be less than Rs.10,000. In the present case, the railway line was cut and was taken away which was ultimately recovered. The learned courts below have sentenced the petitioner only to the extent of 3 years although 5 years is the maximum sentence imposable under Section 3 (a) of the aforesaid Act of 1966. This Court finds that the sentence awarded by the learned court below is adequate and appropriate and no interference is called for even on the point of sentence. This Court is also of the considered view considering the facts and circumstances of the present case that 17 years have elapsed, and the same does not call for any lenient view in favour of the petitioner. So far as the plea of the petitioner to release him under Probation of Offenders Act is concerned, this Court is of the considered view that the manner in which the present offence has been committed, the petitioner is not entitled to such relief and has been rightly sentenced.
