Lakshmana Rao, J
[1] The offence Under Section 409, I.P.C. is not triable by the Magistrate of the Second Class and the alteration of the conviction to one Under Section 409 read with Section 109, I.P.C. is illegal. The conviction of the petitioner is therefore set aside and he is acquitted.
In Re v.
In Re v.
(High Court Of Judicature At Madras)
No | 28-10-1937
Advocate List
Bench
- HON'BLE MR. JUSTICE LAKSHMANA RAO
Eq Citations
- AIR 1938 MAD 315
- LQ/MadHC/1937/336
Head Note
Criminal Law — Offence — Trial — Section 409, IPC — Not triable by Magistrate of Second Class — Conviction altered to one under S. 409 read with S. 109, IPC — Held, illegal — Conviction set aside and petitioner acquitted — IPC, Ss. 409 and 109 "
