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Judgment
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, Indian Penal Code
and found guilty and dealt with u/s 562 of the Criminal Procedure Code. The offence is one punishable with transportation for life and therefore the
case could not be dealt with u/s 562 of the Criminal Procedure Code. 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 alt 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.