LAWS(PVC)-1922-6-83

EMPEROR Vs. SHIBOO

Decided On June 29, 1922
EMPEROR Appellant
V/S
SHIBOO Respondents

JUDGEMENT

(1.) I think this application must be allowed. The applicant is a young boy named Shiboo, who was convicted on a charge tinder Section 323 of the Indian Penal Code and sentenced to receive 10 stripes. At the same time his father was convicted of a similar offence and received an appealable sentence.

(2.) The father appealed and when the case came up before the learned Sessions Judge the parties to the case compounded. The learned Judge made an order for composition.

(3.) The boy had no right of appeal and the learned Sessions Judge was therefore asked to deal with the case in revision. He came to the conclusion that it was not possible for him to deal with the matter in this way and he refers to a ruling of this Court--Emperor V/s. Husain Khan (1016) I.L.R. 39 All. 293. That ruling, however, does not seem to me to affect the matter which I have now before me.