Aiya Chalamaya Vs. Emperor

Aiya Chalamaya vs Emperor

Type Court Judgment Court Chennai Decided Dec 29, 1911

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Citation: sooperkanoon.com/812380
Court: Chennai
Judge: Ralph Benson, J.
Decided On: Dec 29, 1911
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code (Act V of 1898) - Reference after a long time--Enhancement of sentence. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Aiya Chalamaya

Respondent

Emperor

Legal References

Reported In: 13Ind.Cas.777

Excerpt

criminal procedure code (act v of 1898) - reference after a long time--enhancement of sentence. - orderralph benson, j.1. the sentence in this case was passed on the 16th march, 1911, and the district magistrate's letter of reference was written only on the 8th july. again, a reference was made by this court to the district magistrate in regard to the case on the 18th july, but it was not answere until the 30th november, i.e. after more than four months had elapsed.2. the sentence is certainly inadequate, but it is not now, after the elapse of nine months, expedient to enhance the sentence by ordering the accused to undergo 2 or 3 months' imprisonment as proposed by the district magistrate.

Full Judgment

ORDER

Ralph Benson, J.

1. The sentence in this case was passed on the 16th March, 1911, and the District Magistrate's letter of reference was written only on the 8th July. Again, a reference was made by this Court to the District Magistrate in regard to the case on the 18th July, but it was not answere until the 30th November, i.e. after more than four months had elapsed.

2. The sentence is certainly inadequate, but it is not now, after the elapse of nine months, expedient to enhance the sentence by ordering the accused to undergo 2 or 3 months' imprisonment as proposed by the District Magistrate.

Same Parties Aiya Chalamaya vs Emperor Same Subject Criminal Same Judge Ralph Benson, J.

Criminal