High CourtsDivision Bench(1940) 08 MAD CK 0059

In Re: Hussain Khan alias Sulaiman Khan and Another

Madras High Court · Decided on 1 August 1940 · Citation: AIR 1941 Mad 429 : (1941) 53 LW 154 : (1941) 1 MLJ 219

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

8 paragraphs · 206 words

Lakshmana Rao, J.—The first appellant, a young person, pleaded guilty to a charge u/s 326, Indian Penal Code and he was sentenced to

pay a fine of Rs. 50. The second appellant the father was present in obedience to the notice u/s 21(1) of the Madras Children Act and he was

directed to pay the fine u/s 26(1) of the Act. But no opportunity was given to him to show that he had not conduced to the commission of the

offence by neglecting to exercise due care of the first appellant nor does it appear from the report of the Probation Officer that the offence was due

to any neglect of the father. The order u/s 26(1) of the Madras Children Act is therefore set aside and on the materials on record the proper

course was to commit the first appellant to the custody of his father on his executing a bond to be responsible for the good behaviour of the son.

The sentence of fine is therefore set aside and the first appellant will be committed to the custody of the second appellant on his executing a bond

for Rs. 100 to be responsible for the good behaviour of the first appellant for one year.