KUNJALI MEERAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The offence with which the petitioner accused was charged is one punishable with imprisonment for a term which may extend to 6 months or with fine which may extend to Rs. 500/- (See S.27 of T. C. Forest Act - Act III of 1952). The conviction is also under that section. The sentence awarded is one of fine to the extent of Rs. 250. In case of default, the alternative sentence of imprisonment provided for appears to have contravened the limitation imposed by S.65 of the I.P.C. Under that section the alternative term of imprisonment should not exceed one fourth of the sentence of imprisonment permissible for the offence. That term is only six months and hence one fourth of that alone could be the limit of the alternative sentence. What was actually provided for in the judgment is three months. This was clearly the result of a mistake and the failure to notice S.65, I.P.C. This mistake can be rectified by invoking S.561A of the Code of Criminal Procedure.

(2.) In the result this petition is allowed and the final portion of the judgment in the case is modified by limiting the alternative sentence of imprisonment in default of fine to a period of 45 days.