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In Re: Narayana Reddiar and ors. - Court Judgment

LegalCrystal Citation
CourtChennai High Court
Decided On
Case NumberCriminal Revn. Case Nos. 1352 to 1355 of 1950
Reported inAIR1954Mad245; (1952)IMLJ803
ActsIndian Penal Code (IPC), 1860 - Sections 182
AppellantIn Re: Narayana Reddiar and ors.
Appellant AdvocateG. Gopalaswami, Adv.
Respondent AdvocatePublic Prosecutor
DispositionPetition allowed
- .....themselves these prosecutions weremisconceived. the convictions and sentencescannot be supported and they are set aside. thefine amounts, if collected, would be.....

Ramaswami, J.

1. In the peculiar circumstances ofthe case the prosecutions under Section 182, PenalCode, ought not to have been launched becausethe offence for which these persons have beenconvicted is for the offence of tergiversation,namely that they have not stuck to their previous statement notwithstanding that the previous statement might be untrue and secondlysticking to the previous statement would onlybe to incriminate themselves because the lawdeals with the bribe-givers and bribe-takers onthe same par and treats them as accomplices ofeach other. Therefore when it has not beenshown whether the information given by thesepersons was false or true and secondly whenthese accused persons were not bound to incriminate themselves these prosecutions weremisconceived. The convictions and sentencescannot be supported and they are set aside. Thefine amounts, if collected, would be refunded.

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