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S.B. Varadarajulu Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1925Mad183
AppellantS.B. Varadarajulu
RespondentEmperor
Cases ReferredEmpress v. Dagadu
Excerpt:
- ordervenkatasubba rao, j.1. the word 'punishment' in section 3 of the whipping act, has been interpreted as the 'total of punishments awardable' by the learned judges who decided queen-empress v. dagadu (1892) 16 bom. 357 in lieu of punishing the offender by sentencing him to imprisonment and imposing on him a fine, the court may punish him with whipping. the portion of the sentence, imposing the fine, must, therefore, be set aside. i accordingly do so and direct that the fine be refunded.
Judgment:
ORDER

Venkatasubba Rao, J.

1. The word 'punishment' in Section 3 of the Whipping Act, has been interpreted as the 'total of punishments awardable' by the learned Judges who decided Queen-Empress v. Dagadu (1892) 16 Bom. 357 In lieu of punishing the offender by sentencing him to imprisonment and imposing on him a fine, the Court may punish him with whipping. The portion of the sentence, imposing the fine, must, therefore, be set aside. I accordingly do so and direct that the fine be refunded.


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