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Emperor Vs. Chiman Damodar Bhate - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case Number Criminal Application for Revision No. 372 of 1919
Judge
Reported in(1920)22BOMLR898; 58Ind.Cas.147
AppellantEmperor
RespondentChiman Damodar Bhate
Excerpt:
.....act 1873, are not intended to apply to criminal proceedings nor to proceedings before a village police patil under as. 14 and 15 of the village police act 1867. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi high court for appointment of certain individual as arbitrator had become infructuous because of his demise held, high court of bombay, is not correct in rejecting arbitration petition filed by..........with reference to the criminal proceedings generally it does not apply to proceedings before the police patil under the village police act (viii of 1867). it seems to me that the proceedings before the police patil under sections 14 and 15 are essentially criminal proceedings; and the same rule which applies to criminal proceedings ought to apply on general grounds to proceedings before the village patil so far as the effect of any special oath is concerned.3. generally speaking, we are very slow to interfere with any decision of a police patil. but having regard to the nature of the error in this case, i am of opinion that it would not be right to allow the decision to stand.4. i would, therefore, make the rule absolute and set aside the conviction and sentence.hayward, j.5. i agree......
Judgment:

Shah J.

1. This case has been decided by the Police Patil on the special oath of the complainant. The special oath was offered to the complainant at the instance of the accused and the decision is based on that oath. It has been held by this Court in Queen Empress v. Murarji Gokuldas I.L.R (1888) 13 Bom. 389 that Sections 9 to 11 of the Indian Oaths Act are not intended to apply to criminal proceedings. It is clear that the provision of the Indian Oaths Act relating to the special oaths cannot properly apply to criminal proceedings. Section 11 of the Act provides that the evidence given on special oath as against the person, who offered to be bound by it is con-elusive proof of the matter stated. It seems to me that in criminal matters the truth has to be ascertained by the Court; and the matter stated on special oath cannot be and ought not to be accepted as conclusively proved by such an oath in a criminal proceeding. The scheme of these sections shows that they are not intended to apply to criminal proceedings.

2. It is urged, however, on behalf of the Crown that though that view may be right with reference to the criminal proceedings generally it does not apply to proceedings before the Police Patil under the Village Police Act (VIII of 1867). It seems to me that the proceedings before the Police Patil under Sections 14 and 15 are essentially criminal proceedings; and the same rule which applies to criminal proceedings ought to apply on general grounds to proceedings before the Village Patil so far as the effect of any special oath is concerned.

3. Generally speaking, we are very slow to interfere with any decision of a Police Patil. But having regard to the nature of the error in this case, I am of opinion that it would not be right to allow the decision to stand.

4. I would, therefore, make the rule absolute and set aside the conviction and sentence.

Hayward, J.

5. I agree. The case was not properly tried. The provisions of Sections 9 to 11 of the Indian Oaths Act, 1873, have in their nature no application to criminal proceedings, as indicated in the case of Queen-empress v. Murarji GokuldasI.L.R (1888) Bom. 389.


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