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In Re: Kanma Kondiah and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1923Mad608; 72Ind.Cas.616
AppellantIn Re: Kanma Kondiah and ors.
Excerpt:
cattle trespass act (i of 1871), section 24 - rescuing cattle--driving cattle away by shouts and cries--force or violence, whether necessary. - orderspencer, j.1. the sub-divisional magistrate's opinion that driving cattle by shouts and cries does not constitute 'rescuing' them under section 24 of the cattle trespass act is erroneous. inducing an animal to move may even amount to using 'force' (see definition in section 349, indian penal code and illustration (h) to that section), so that, even if the magistrate is right in saying that the word 'rescue' implies the use of force or violence, it does not follow that there was no force used in this case.2. the reasons given for acquitting the accused are unsound, the acquittal is set aside, and the appeal must be re-heard and disposed of according to law.
Judgment:
ORDER

Spencer, J.

1. The Sub-Divisional Magistrate's opinion that driving cattle by shouts and cries does not constitute 'rescuing' them under Section 24 of the Cattle Trespass Act is erroneous. Inducing an animal to move may even amount to using 'force' (see definition in Section 349, Indian Penal Code and illustration (h) to that section), so that, even if the Magistrate is right in saying that the word 'rescue' implies the use of force or violence, it does not follow that there was no force used in this case.

2. The reasons given for acquitting the accused are unsound, the acquittal is set aside, and the appeal must be re-heard and disposed of according to law.


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