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Emperor Vs. Gopi Mohan Saha - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported inAIR1925Cal479,(1924)ILR51Cal827,84Ind.Cas.340
AppellantEmperor
RespondentGopi Mohan Saha
Excerpt:
practice - sanity--capacity to plead--unsoundness of mind at the time of trial--inquiry into the fact of unsoundness--onus of proving sanity--criminal procedure code (act v of 1898) section 465(1). - pearson, j.1. the only question is whether the prosecution or the defence has to begin. there have been various english cases cited, some of which incline to one view and some to the other. it appears to me that the most satisfactory method to adopt in this case is that, if the enquiry is to be commenced under section 465 of the criminal procedure code, it should be regarded, not so much, as has been stated in one of the cases, as the issue joined between the parties, but as a preliminary enquiry which is conducted for the satisfaction of the court, and in that view i think the prosecution ought to commence and give their evidence.
Judgment:

Pearson, J.

1. The only question is whether the prosecution or the defence has to begin. There have been various English cases cited, some of which incline to one view and some to the other. It appears to me that the most satisfactory method to adopt in this case is that, if the enquiry is to be commenced under Section 465 of the Criminal Procedure Code, it should be regarded, not so much, as has been stated in one of the cases, as the issue joined between the parties, but as a preliminary enquiry which is conducted for the satisfaction of the Court, and in that view I think the prosecution ought to commence and give their evidence.


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