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Judgment
2 paragraphs · 111 wordsWallace, J.—Accused''s previous convictions were under Sections 457 and 380 or 411, Indian Penal Code. Of these Sections only Section 457 appears in Schedule I of the Criminal Tribes Act. One should in these cases take the view most favourable to the accused and assume, therefore, that for the purposes of enhanced punishment, the previous convictions were under Sections 411, and, therefore, the Criminal Tribes Act Section 23(1)(b) does not apply.
Accused is, therefore, an old offender u/s 75 of the Indian Penal Code and has been now convicted of an offence u/s 382, Indian Penal Code. I reduce the sentence to rigorous imprisonment for 3 years and 6 months.