LAWS(BOM)-1939-1-4

EMPEROR Vs. MAHOMAD ISLAM ABDUL SAKUR

Decided On January 17, 1939
EMPEROR Appellant
V/S
MAHOMAD ISLAM ABDUL SAKUR Respondents

JUDGEMENT

(1.) THIS is a reference made to the Court by the District Magistrate of Nasik in which he asks us to extend by one year the period for which Mahomed Islam Abdul Sakur was directed to be kept in a certified school.

(2.) THE facts are that the boy in question was found guilty of an offence on June 18, 1934, by the District Magistrate of Nasik. THE boy was at that date aged eleven years, and the learned District Magistrate ordered him to be detained in a reformatory school for a period of five years. He was accordingly sent to the Yeravada Industrial School, and the Superintendent of that school has reported to the District Magistrate of Nasik that the Visiting Committee of the School considers that in view of the character and circumstances of this boy, the period of his detention should be extended by one year. THE learned District Magistrate held, I think quite rightly, that he had no jurisdiction to extend the period ; and he has referred the matter to us for action, and the only question which we really have to consider is whether we have jurisdiction to make the order, because, if we have jurisdiction, I see no reason why we should reject the opinion of the Visiting Committee.