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Empress Vs. Malka - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1878)ILR2Bom643
AppellantEmpress
RespondentMalka
Excerpt:
.....because of his demise held, high court of bombay, is not correct in rejecting arbitration petition filed by appellant on ground of lack of jurisdiction. - section 122 of the code of criminal procedure clearly contemplates two distinct cases:.....j.1. the court concurs with the district magistrate in thinking that mr. anding's view is wrong. it, therefore, annuls his order of discharge, and directs that the trial of malka be proceeded with and disposed of according to law. section 122 of the code of criminal procedure clearly contemplates two distinct cases: one is that of a person coming forward to state what he knows; the other is that of a person accused by a police officer of an offence who comes forward to confess his guilt. with regard to the former, the section provides that the statement made by him shall be recorded in the manner prescribed for recording evidence--that is to say, under section 331 of the code of criminal procedure, on oath or affirmation; whereas in the case of an accused person confessing to an.....
Judgment:

Kemball, J.

1. The Court concurs with the District Magistrate in thinking that Mr. Anding's view is wrong. It, therefore, annuls his order of discharge, and directs that the trial of Malka be proceeded with and disposed of according to law. Section 122 of the Code of Criminal Procedure clearly contemplates two distinct cases: one is that of a person coming forward to state what he knows; the other is that of a person accused by a police officer of an offence who comes forward to confess his guilt. With regard to the former, the section provides that the statement made by him shall be recorded in the manner prescribed for recording evidence--that is to say, under Section 331 of the Code of Criminal Procedure, on oath or affirmation; whereas in the case of an accused person confessing to an offence of which he is accused, the Code, by Section 345, enacts that neither oath nor affirmation shall be administered to him.


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