MAHOMED IDRIS RAHIMAT KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 16th October 1959 the Presidency Magistrate, 7th Court, Dadar, Bombay convicted one Mahomed Idris Rahimatkhan of the offence punishable under section 337 of the Indian Penal Code an sentence3d him to suffer rigorous imprisonment of two months.

(2.) Mahomed Idris Rahimatkhan has now filed the present appeal against the said order of conviction and sentence. The question is, whether the appeal is competent, in view of the Code of Criminal Procedure (Bombay Amendment ) Act, 1959 (Bombay Act LIV of 1959?

(3.) It is not disputed that the proceedings in which the order of conviction and sentence was passed were pending before the Presidency Magistrate since before the commencement of the Code of Criminal Pocedure (Bombay Amendment) Act, 1959. The Act came into force on 8th October 1959 and the proceedings were then pending before the Presidency Magistrate.