EMPEROR Vs. FULJI DITYA

JUDGEMENT

(1.) In this case one Fulji walad Ditya has been convicted of house-breaking under Section 454 and of having suffered certain previous convictions which bring his case within Section 75 of the Indian Penal Code. The sentence upon him was that he suffer thirty stripes under the Whipping Act IV of 1909 and to that sentence there was added an order under Section 565 of the Criminal Procedure Code directing that the convict should notify his residence or change of residence for a period of five years.

(2.) We called for the papers in the case in order to satisfy ourselves whether this order under Section 565 could be supported and we have heard the learned Government Pleader in its favour. We are of opinion that the order cannot stand. So far as the plain words of Section 565 go it seems to us clear that the order cannot be brought within them. For the section in terms allows of such an order being made only at the time of passing sentences of transportation or imprisonment on the accused and it provides that his residence and change of residence " after release " be notified.

(3.) It seems clear that where there is; no sentence of transportation or imprisonment and no release of the convict thereafter the section does not justify the making of such an order.