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The Empress of India Vs. Diljour Misser - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1877)ILR2Cal226
AppellantThe Empress of India
RespondentDiljour Misser
Excerpt:
conviction of offence committed before the penal code came into operation - regulation iv of 1797--act xvii of 1862--act i of 1868 (general clauses consolidation act), section 6. - richard garth, c.j.1. in this case the prisoner has been convicted of culpable homicide not amounting to murder committed on the 24th may 1861, and sentenced to transportation for life. act xvii of 1862, under which the prisoner has been tried and convicted for this offence, has been totally repealed by acts, viii of 1868 and x of 1872. it has, however, been contended that, notwithstanding this total repeal of act xvii of 1862, the prisoner may still be tried and convicted under that act by virtue of the provisions of section 6 of the general clauses act (i of 1868). we have considered this clause, and upon the whole we think that it does not apply to the present case. the conviction, therefore, must be set aside, and the prisoner discharged.
Judgment:

Richard Garth, C.J.

1. In this case the prisoner has been convicted of culpable homicide not amounting to murder committed on the 24th May 1861, and sentenced to transportation for life. Act XVII of 1862, under which the prisoner has been tried and convicted for this offence, has been totally repealed by Acts, VIII of 1868 and X of 1872. It has, however, been contended that, notwithstanding this total repeal of Act XVII of 1862, the prisoner may still be tried and convicted under that Act by virtue of the provisions of Section 6 of the General Clauses Act (I of 1868). We have considered this clause, and upon the whole we think that it does not apply to the present case. The conviction, therefore, must be set aside, and the prisoner discharged.


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