Crown v Karigu (Confirmation. Case No. 316-1928.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court held that there is no power under the Reformatory Schools Ordinance to award detention in a reformatory in lieu of payment of a fine. The accused was convicted of theft under section 403 IPC and sentenced to eighteen months rigorous imprisonment, altered to three years detention in a reformatory. The fine of Sh. 980 was affirmed but the further orders for detention in lieu of fine were quashed.
Outcome
Accused to serve three years detention in reformatory in lieu of eighteen months imprisonment; fine of Sh. 980 affirmed; detention orders in lieu of fine quashed
Facts
The accused was convicted of an offence under section 403 of the Indian Penal Code in respect of seven sheep valued at Sh. 98. He was initially sentenced to eighteen months rigorous imprisonment, which was altered under the Reformatory Schools Ordinance to three years detention in a reformatory. He was further sentenced under the Theft of Stock and Produce Ordinance to a fine of Sh. 980, with an order for four years detention in the reformatory apparently in lieu of the fine. An additional sentence of six months detention in lieu of payment of fine was also imposed. The matter came before the Chief Justice for confirmation of sentence.
Issues
- Whether a court has power under the Reformatory Schools Ordinance to award detention in a reformatory in lieu of payment of a fine.
Orders
- Sentence altered to eighteen months' imprisonment.
- Instead of undergoing imprisonment, accused to be detained in reformatory for three years.
- Fine of Sh. 980 affirmed.
- Further orders for detention quashed.
Rules and key headnotes
Legislation cited (3)
- Reformatory Schools Ordinance Cap. 89
- Indian Penal Code s.403
- Theft of Stock and Produce Ordinance
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.