EMPEROR Vs. RASHBEHARI SINGH

JUDGEMENT

(1.) The Additional Sessions Judge of Gaya has submitted a report in two oases: (1) Emperor V/s. Rashbehari Singh, and (2) Emperor V/s. Brijmohan Bania, both of which were tried by jury. In the first case the jury returned a unanimous verdict of guilty under Section 376 read with Section 511, Indian Penal Code, against Rashbehari Singh. The learned Additional Sessions Judge accepted this verdict, convicted Rashbehari Singh and sentenced him to undergo rigorous imprisonment for two years and to whipping of twenty stripes after the sentence of imprisonment, passed by his order dated 17 March 1934 "has been undergone." Now, the latter part of the order relating to the sentence of whipping is certainly against the provisions of Section 391 Criminal P.C., This section in Clause (b) provides: Whipping shall not be inflicted until 15 days from the date of the sentence, or if an appeal is made within that time, until the sentence is confirmed by the appellate Court; but the whipping shall be inflicted as soon as practicable after the expiry of 15 days, or, in case of an appeal, as soon as practicable after the receipt of the order of the appellate Court confirming the sentence.

(2.) The last portion of the order, which says that the stripes will be given after the sentence of imprisonment has been undergone, is clearly in correct in this sense that the time mentioned for inflicting the corporal punishment is not in accordance with law. I would accordingly direct that that portion of the order of the learned Additional Sessions Judge be modified to this extent that the sentence of whipping passed against Rashbehari Singh should be executed as soon after the receipt of this order as practicable.

(3.) The second case Emperor V/s. Brijmohan Bania has given rise to certain complications. In this case Mr. S.N. Banerji represents Brijmohan and appears against the reference. Brijmohan was also convicted under Section 376 read with Section 511, Indian Penal Code, and sentenced to two years rigorous imprisonment and to receive twenty stripes of whipping after the sentence of imprisonment passed by the learned Additional Sessions Judge of Gaya in his order dated 10 March 1934 had expired. The report of the learned Additional Sessions Judge is dated 17th/18 April 1934. The case was put up for orders on 1 May 1934, but on that day notice was ordered to be issued by me. On 3 May 1934, it appears that an appeal was moved on behalf of Brijmohan Bania, but it was summarily dismissed on that day by me. The reference or report has now come up before me for disposal.