EMPEROR Vs. BABIBAI

JUDGEMENT

(1.) THIS is an application to the Court, which raises a question which must be of common occurrence, and is of considerable importance.

(2.) THE accused woman was convicted by one of the Presidency Magistrates under Sections 342 and 373 of the Indian Penal Code, and the Magistrate sentenced her to four months' rigorous imprisonment on the charge under Section 373, and to two months' rigorous imprisonment on the charge under Section 342. THE sentences were passed on April 8 last, and the accused was in prison until May 13 when she was released on bail; so that she has served about five weeks' imprisonment. THEn on June 25 the conviction under Section 373 was set aside by this Court, but the conviction under Section 342 was upheld, and the accused thereupon surrendered to her bail.

(3.) RULE 392 of the Jail Manual is in these terms:- If a prisoner is awarded two sentences for separate offences and while undergoing the first the same is reversed on appeal, the Second sentence shall, in the absence of any direction to the contrary in the writ or warrant, commence to count from the date on which the first was reversed.