1. The offences under Sections 457 and 380 of the Indian Penal Code not being distinct offences (see illustration to Section 35, Criminal Procedure Code) the trying Magistrate''s ordinary jurisdiction was not enhanced by the provisions of para 2 and proviso (b) of Section 35, Criminal Procedure Code, and the Magistrate was not competent to pass sentences exceeding in the aggregate two years imprisonment. See Queen Empress v. Malu (1899) 1 Bom. L.R. 142 : ILR 23 Bom. 706. We alter the two separate sentences to one of two years rigorous imprisonment.
Emperor Vs Dhondi Bapu Bhapkar
Bench: Division Bench
Acts Referenced
Judgement Snapshot
Case Number
Criminal Reference No. 71 of 1906
Hon'ble Bench
Heaton, J; Aston, J
Acts Referred
- Criminal Procedure Code, 1898 (CrPC) - Section 35
- Penal Code, 1860 (IPC) - Section 380, 457
Judgement Text
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