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In Re: Singali Pedda Ganglegadu - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in105Ind.Cas.464
AppellantIn Re: Singali Pedda Ganglegadu
Excerpt:
criminal tribes act (iii of 1911), as amended by act (vi of 1924, section 23(1)(b) - prior conviction under sections 457 and 380 or 411, penal code--punishment whether can be enhanced--benefit of doubt. - wallace, j.1. accused's previous convictions were under sections 457 and 380 or 411, indian penal code. of these sections only section 457 appears in schedule i of the criminal tribes act. one should in these cases take the view most favourable to the accused and assume, therefore, that for the purposes of enhanced punishment, the previous convictions were under sections 411, and, therefore, the criminal tribes act section 23(1)(b) does not apply.2. accused is, therefore, an old offender under section 75 of the indian penal code and has been now convicted of an offence under section 382, indian penal code. i reduce the sentence to rigorous imprisonment for 3 years and 6 months.
Judgment:

Wallace, J.

1. Accused's previous convictions were under Sections 457 and 380 or 411, Indian Penal Code. Of these Sections only Section 457 appears in Schedule I of the Criminal Tribes Act. One should in these cases take the view most favourable to the accused and assume, therefore, that for the purposes of enhanced punishment, the previous convictions were under Sections 411, and, therefore, the Criminal Tribes Act Section 23(1)(b) does not apply.

2. Accused is, therefore, an old offender under Section 75 of the Indian Penal Code and has been now convicted of an offence under Section 382, Indian Penal Code. I reduce the sentence to rigorous imprisonment for 3 years and 6 months.


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