SIBBU MUNNILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE following question has been referred to us for our decision: "whether the expression 'transportation' in Section 4 (a) of the reformatory Schools Act meant 'transportation for life' and, therefore, now means 'imprisonment for life'?" the question has been referred because, according to the learned Single Judge (Shiv Dayal J.), there is a conflict between the two decisions, namely, Rama v. Emperor, (1908) 4 Nag LR 180 and Daljit Singh v. Emperor, AIR 1937 Nag 274 on the one hand, and Gangaram v. State of M. P. , AIR 1965 Madh Pra 122.

(2.) THE appellant in this case has been convicted of an offence under Section 376 of the Indian Penal Code and has been sentenced to rigorous imprisonment for two years. The punishment prescribed under Section 376 of the Indian Penal Code is imprisonment for life or imprisonment of either description for a term which may extend to ten years and also fine. The appellant is aged 18 years. One of the questions which came before the learned Single Judge while deciding the appeal was whether in such a case the provisions of the Reformatory Schools Act, 1897 could be applied. That depends on the interpretation of Section 4 (a) of the reformatory Schools Act which contains the definition of a 'youthful offender'. The definition of a 'youthful offender', with the local amendment, reads thus: "4. Definitions. In this Act, unless there is anything repugnant in the subject or context.- (a) 'youthful offender' means any boy who has been convicted of any offence punishable with transportation or imprisonment or who has been sentenced to imprisonment under Section 123 of the Code of Criminal Procedure, 1898, and who at the time of such conviction or sentence, was under the age of sixteen years. " In this definition, there is reference to punishment of 'transportation' or 'imprisonment' and no reference to 'imprisonment for life'. Hence, the question has been posed for our decision.

(3.) SECTION 53 of the Indian Penal Code, before its amendment in 1949, prescribed the following penalties:-