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1997 Supreme(Online)(Mad) 6

MADRAS HIGH COURT
Maheswaran, J
In Re : K. Ramalingam IPS Inspector General of Prisons Anna Salai Madras


Advocates:
For the Appellants/Petitioners: Mr. N. R. Elango
For the Respondents: Public Prosecutor

1. The question in this suo motu revision is whether the appellate Court, while dealing with an appeal against conviction and sentence, ordering detention of the accused for two years under the Madras Borstal Schools Act , the minimum imprisonment, has got powers to modify or reduce the said detention. The straight answer is emphatic 'no'.

2. The circumstances for the above answer are these : -
(i) One Sabi of Nagercoil was charge - sheeted for the offence under S.379 read with S.511, IPC, by the Central Crime Branch Police, Nagercoil, before the Judicial Magistrate No. 1, Nagercoil, which was taken on file in C.C. No. 198 of 1994, for having attempted to commit theft of the bag from the complainant on 20-3-1994.
(ii) On 26-9-1995, the learned Judicial Magistrate No. 1, Nagercoil, on finding him guilty, convicted for the above offence and sentence to R.I. for two years, and ordered him to detained in Borstal School, for the said period under S.8(1) of the Madras Borstal Schools Act , as he was found to be aged about 21 years.
(iii) In pursuance of the said Judgment, on 19-10-1995, the said Sabi was admitted in the Borstal School, Pudukottai, for undergoing two years' detention. Havi


























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