STATE Vs. LAXMI NARAIN

JUDGEMENT

(1.) THIS reference by the Additional District Magistrate, Sawai Madhopur, raises an important question, namely, whether the sentence of imprisonment till the raising of Court is in accordance with law.

(2.) ONE Laxminarain Brahmin was challenged by the police in the Court of Munsif-Magistrate Sawai Madhopur of an offence u/sec. 457, Indian Penal Code. The court found the accused guilty under sec. 451, Indian Penal Code and sentenced him to imprisonment till the rising of the court. The accused was also awarded a sentence of fine of Rs. 150. The Prosecuting Inspector submitted a revision in the court of Additional District Magistrate for the enhancement of the sentence. It was contended that under sec. 451, Indian Penal Code, a sentence of imprisonment is mandatory and that a sentence of imprisonment till the rising of the court is no imprisonment in view of the provisions of secs. 383 and 385, Indian Penal Code. The Additional District Magistrate noticed cases expressing divergent views of the High Courts and finding an absence of any decision of this Court, has made the present reference soliciting a ruling on the point.