IN RE: ABDUL KAREEM Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the District Magistrate of Vizagapatam made in the following circumstances. One Abdul Kareem, a clerk in the Fleet Mail Office, Vizagapatam, was charged with having committed theft under Section 381 of the Indian Penal Code. He was tried in C.C. No. 1895 of 1945 on the file of the Stationary Sub -Magistrate, Vizagapatam, and convicted of that offence. The Magistrate was of the opinion that since the accused was a young man without any previous conviction, it would be proper to release him under Section 562(1)(a) of the Code of Criminal Procedure instead of awarding him a sentence. Since he was not empowered under that section he forwarded the accused under Section 380 of the Code of Criminal Procedure to the Additional First Class Magistrate, Vizagapatam, for taking appropriate action, if he considered it fit, under Section 562 of the Code of Criminal Procedure. Before the Additional First Class Magistrate could dispose of the matter on the reference under Section 380, Abdul Kareem preferred an appeal against his conviction by the Stationary Sub -Magistrate. The appeal was heard by the Sub -Divisional Magistrate, Vizagapatam, who dismissed it in limine on the ground that it was premature and that there was no provision of law under which such an appeal could be filed". The learned Sub -Divisional Magistrate took the view that without a sentence a conviction is not complete and since no sentence had been passed in the case an appeal against a mere conviction not accompanied by a sentence is not maintainable. In this view he did not enter on the merits of the case.

(2.) THE District Magistrate in his reference requests to be informed

(3.) THE reference is answered accordingly and the papers will be returned to the District Magistrate.