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The Empress Vs. Sunker Gope - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1881)ILR6Cal307
AppellantThe Empress
RespondentSunker Gope
Cases ReferredReg v. Lakkya Govind
Excerpt:
criminal procedure code (act x of 1872), section 66 - dishonestly retaining in british territory property stolen beyond british territory. - .....the criminal procedure code, illustration (b), lays down that' a charge of receiving or retaining stolen goods may be inquired into and tried, either in the district in which the goods were stolen or in any district in which any of them were at any time dishonestly received or retained.' now the theft having occurred beyond british territory, the prisoner could not be tried for that offence in our courts, see reg. v. apivigadu (i. l. r., 1 mad., 171), but the present case seems to be very similar to one reported in the indian law reports, reg v. lakkya govind (i. l. r., 1 bom., 50); and therefore we think that the conviction may be sustained.2. it is unnecessary for us to say anything on the question of extradition; that matter will be dealt with by the local authorities under the.....
Judgment:

Richard Garth, C.J.

1. We are of opinion that the conviction of Shunker Gope, for an offence under Section 411 of the Penal Code, is legal, and that we should not interfere. Shunker Gope confessed to having stolen cattle in the kingdom of Nepal, and he was found in possession of them in British territory. Section 66 of the Criminal Procedure Code, illustration (b), lays down that' a charge of receiving or retaining stolen goods may be inquired into and tried, either in the district in which the goods were stolen or in any district in which any of them were at any time dishonestly received or retained.' Now the theft having occurred beyond British territory, the prisoner could not be tried for that offence in our Courts, see Reg. v. Apivigadu (I. L. R., 1 Mad., 171), but the present case seems to be very similar to one reported in the Indian Law Reports, Reg v. Lakkya Govind (I. L. R., 1 Bom., 50); and therefore we think that the conviction may be sustained.

2. It is unnecessary for us to say anything on the question of extradition; that matter will be dealt with by the local authorities under the orders of Government.


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