High CourtsDivision Bench(1945) 11 MAD CK 0030

Public Prosecutor vs Pingali Mallikarjana Kota Paneswara Rao

Madras High Court · Decided on 8 November 1945 · Citation: AIR 1946 Mad 173

HON’BLE JUDGES
Kuppuswami Aiyar, J

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Judgment

1 paragraphs · 177 words

Kuppuswami Aiyar, J.—This is a revision petition filed by the Public Prosecutor with regard to the sentence passed by the Additional First Class Magistrate of Bandar in C.C. No. 126 of 1944 on his file. The accused was convicted of an offence punishable u/s 409, Penal Code, and found guilty, and dealt with u/s 562, Criminal P.C. The offence is one punishable with transportation for life and therefore the case could not be dealt with u/s 562, Criminal P.C. The sentence, therefore, is illegal and has to be set aside. Taking into consideration/however, the fact that the accused who is only 19 years of age and who was employed in the Rationing Office has not only lost his job but lost all his chances of being employed in Government service in future, and as he also has returned the money, it will be sufficient if he is sentenced to imprisonment till the rising of the Court. He is accordingly so sentenced. The sentence will be undergone in the Court of the Additional First Class Magistrate of Bandar.