JUDGMENT

Sulaiman, J. - This Reference must be accepted. The explanation added to Section 435 of the Order P.C. by Act XVIII of 1923 makes a District Magistrate exercising original or appellate jurisdistion inferior to the Sessions Judge. The latter has, therefore, jurisdiction to call for the record and make a reference to the High Court.

2. Both the Trying Magistrate and the District Magistrate fourid the accused guilty of entering a house in order to outrage the modesty of a woman. The First Court convicted him u/s 451 of the Indian Penal Code and sentenced him to undergo a sentence of three months' rigorous imprisonment and to pay a fine of Rs. 50, and in default one month, more [of rigorous imprisonment. The Appellate Court took the view that as the accused had used violence in effecting his escape he was guilty of house breaking as denned in Section 445(5) of the Indian Penal Code, and, therefore, altered the conviction from one u/s 451 to one u/s 454 of the Indian Penal Code, and also altered the sentence to 15 stripes under the Whipping Act, Section 3(d).

3. Leaving aside the question whether the alteration of a sentence of imprisonment and fine to one of whipping amounts to a