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Public Prosecutor Vs. Pingali Mallikarjana Kota Paneswara Rao - Court Judgment

LegalCrystal Citation
Subjectcriminal
CourtChennai
Decided On
Reported inAIR1946Mad173
AppellantPublic Prosecutor
RespondentPingali Mallikarjana Kota Paneswara Rao
Excerpt:
- .....class magistrate of bandar in c.c. no. 126 of 1944 on his file. the accused was convicted of an offence punishable under section 409, penal code, and found guilty, and dealt with under section 562, criminal p.c. the offence is one punishable with transportation for life and therefore the case could not be dealt with under section 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.....
Judgment:
ORDER

Kuppuswami Aiyar, J.

1. 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 under Section 409, Penal Code, and found guilty, and dealt with under Section 562, Criminal P.C. The offence is one punishable with transportation for life and therefore the case could not be dealt with under Section 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.


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