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In Re: HussaIn Khan Alias Sulaiman Khan and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1941Mad429; (1941)1MLJ219
AppellantIn Re: HussaIn Khan Alias Sulaiman Khan and anr.
Excerpt:
- - the order under section 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. 100 to be responsible for the good behaviour of the first appellant for one year......the second appellant the father was present in obedience to the notice under section 21(1) of the madras children act and he was directed to pay the fine under section 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 under section 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.....
Judgment:

Lakshmana Rao, J.

1. The first appellant, a young person, pleaded guilty to a charge under Section 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 under Section 21(1) of the Madras Children Act and he was directed to pay the fine under Section 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 under Section 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.


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