STATE OF SIKKIM Vs. DEWA TSHERING BHUTIA

JUDGEMENT

(1.) This revision has been filed b' the State of Sikkim praying thai sentence of fine imposed on the respondents while convicting them Under Section 292, Penal Code IS. 293 perhaps has not been mentioned due to inadvertence) is not according to law. As per the l.P.C, as it stood on the date of commission of the offence, sentence of imprisonment should have been imposed. In this case accused-respondents were prosecuted for having committed offences Under Sections 292, 293, l.P.C. and Section 14, Indian Cinematograph Act. They pleaded guilty and the Magistrate imposed fine of Rs. 100.00 Under Section 292, l.P.C, Rs. 150.00 Under Section 292, l.P.C. and Rs. 40.00 Under Section 14, Indian Cinematograph Act. The reason for imposing sentence of fine only as mentioned in the order was that the amendment made in the Penal Code in the year 1969 making imprisonment compulsory does not apply to the State of Sikkim. According to the learned Magistrate l.P.C. as it stood on 10-7-1953 was adopted, promulgated and enforced in Sikkim by the then Maharaj of Sikkim by the Notification No. 160/O.S.dt. 10th July, 1953. The learned Advocate-General appearing on behalf of the State of Sikkim submitted that the l.P.C. as amended from time to time should be made applicable and not as it stood on the date of the notification as mentioned above.

(2.) The only question for determination, therefore, is whether the l.P.C. as amended from time to time after 10-7-1953 shall be applicable or not to the State of Sikkim.

(3.) In order to substantiate his arguments ihe learned Advocate-General relied on , State of Madhya Pradesh v. M. V. Narasimhan where it has been held: