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Criminal Revision No. 79 of 1966, decided on 6th May 1968.
, S. 27 (1) (d), (f )-Pro visions of sub-clauses (d) and (f), disjunctive having been separated J by "or"-Sentence under both provisions bad.
Ameer Ahmad Khan for Petitioner.
Sarki for the State.
The applicant has been convicted under section 304-A, P. P. C. and sentenced under section 27 (1)(d)(f) of the Bombay Children Act to remain in a certified school for a period of 12 months and to pay fine of Rs. 503 respectively. The only, ground on which this revision application was pressed and admitted was that sentence under both provisions contained in sub-clauses (d) and (f ) of clause (I) of section 27 of the Act was bad as both these sub-clauses are disjunctive having beer, separated by or'. The counsel for the State concedes the legal position. The revision application is consequently allowed and the sentence of fine of Rs. 500 pass under sub-clause (f ) of subsection (1) of section 27 of the Act is set aside. The sentence passed under section 27(1)(d) stands. The applicant is present in Court and is handed over to the constable to be taken to a certified School.
Petition accepted.
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