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IN THE HIGH COURT OF MADRAS
Kuppuswami Aiyar, J.
Public Prosecutor
Versus
Pingali Mallikarjana Kota Paneswara Rao
Decided On : 08.11.1945
Section 409 - Criminal Law - Illegal sentence set aside due to incorrect application of Section 562, Criminal P.C.
Fact of the Case:
The accused was convicted of an offence punishable under Section 409, Penal Code, and sentenced under Section 562, Criminal P.C. which was found to be illegal.
Finding of the Court:
The court set aside the illegal sentence and considered the age of the accused, his employment situation, and the return of the money, sentencing him to imprisonment till the rising of the Court.
Issues: Incorrect application of sentencing provisions, consideration of accused's circumstances.
Ratio Decidendi: The offence punishable under Section 409, Penal Code, could not be dealt with under Section 562, Criminal P.C. The court considered the accused's age, employment situation, and the return of the money in determining the appropriate sentence.
Final Decision: The illegal sentence was set aside, and the accused was sentenced to imprisonment till the rising of the Court.
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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