Fernando vs Gimanis – clr volume 1 page 010_2

In Fernando v. Gimanis, involving the appeals of the first defendant (husband) and second defendant (wife) against sentences imposed by the Police Magistrate, the court addressed the appealability of sentences under the Criminal Procedure Code and the imposition of double sentences. It was held that while the second defendant’s appeal could not be sustained due to the nature and quantum of the sentence, the first defendant’s sentence on the first charge warranted modification. The principle established reaffirmed that appellate relief is restricted based on statutory limits regarding sentence length, and modification is justified where error in imposing cumulative punishments is identified. This stance relied upon the interpretation of the Criminal Procedure Code concerning appeals and lim