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1940 DIGILAW 206 (MAD)

Untitled judgment

1940-08-01

LAKSHMANA RAO

body1940
JUDGMENT Lakshmana Rao, J. 1. The first appellant, a young person, pleaded guilty to a charge under Section 326, Indian Penal Code and he was sentenced to pay a fine of Rs. 50. The second appellant the father was present in obedience to the notice under Section 21(1) of the Madras Children Act and he was directed to pay the fine under Section 26(1) of the Act. But no opportunity was given to him to show that he had not conduced to the commission of the offence by neglecting to exercise due care of the first appellant nor does it appear from the report of the Probation Officer that the offence was due to any neglect of the father. The order under Section 26(1) of the Madras Children Act is therefore set aside and on the materials on record the proper course was to commit the first appellant to the custody of his father on his executing a bond to be responsible for the good behaviour of the son. The sentence of fine is therefore set aside and the first appellant will be committed to the custody of the second appellant on his executing a bond for Rs. 100 to be responsible for the good behaviour of the first appellant for one year.