The Queen Vs. Arayi - Court Judgment

SooperKanoon Citationsooperkanoon.com/780416
SubjectCriminal
CourtChennai
Decided OnMay-10-1883
JudgeCharles A. Turner, Kt., C.J.
Reported in(1883)ILR7Mad17
AppellantThe Queen
RespondentArayi
Excerpt:
penal code, sections 21, 353 - public servant, court of wards' peon is not. - charles a. turner, kt., c.j.1. a peon employed by the manager of an estate under charge of the court of wards is not a public servant within the meaning of that term in the penal code.2. the conviction for an offence punishable under section 353 * of the indian penal code cannot be sustained; but as the accused is shown to punishable under section 352 of the indian penal code, the court will not interfere further thave committed an offence han to direct an amendment of the conviction and reduction of the fine to rs. 10.* revision case 211 of 1883 referred by h. e. stokes, acting district magistrate of tanjore.
Judgment:

Charles A. Turner, Kt., C.J.

1. A peon employed by the manager of an estate under charge of the Court of Wards is not a public servant within the meaning of that term in the Penal Code.

2. The conviction for an offence punishable under Section 353 * of the Indian Penal Code cannot be sustained; but as the accused is shown to punishable under Section 352 of the Indian Penal Code, the Court will not interfere further thave committed an offence han to direct an amendment of the conviction and reduction of the fine to Rs. 10.

* Revision Case 211 of 1883 referred by H. E. Stokes, Acting District Magistrate of Tanjore.