Order.-In this case the accused was first convicted by the Sub-divisional Magistrate, Kumbakonam, in C.C. No. 70 of 1953 on his file and sentenced to detention for a period of two years in a Senior Certified School by the judgment, dated 26th September, 1953. At that time the boy was aged only 16 years. When he was undergoing detention in the Senior Certified School, he was sent to hospital on 8th December, 1953, for treatment as an inpatient. While he was in hospital he escaped from the hospital on 12th December, 1953. While he was at large he committed an offence of theft, which is the subject-matter of the case under review. In this case he was convicted of the offence and the Sub-divisional Magistrate, Mayuram, has sentenced him under section 8 of the Borstal Schools Act to detention for a period of two years, the sentence to take effect after the expiry of the sentence in the previous case. The second order of detention was passed on 31st May, 1954.

This revision is by the Government bringing to the notice of this Court that the consecutive sentence passed by the Sub-divisional Magistrate Mayuram, is not legal. In support of this the decision in The Public Prosecutor, In re1, i

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