SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1973 Supreme(SC) 26

C.A.VAIDIALINGAM, I.D.DUA
Raghunath – Appellant
Versus
State Of U. P. – Respondent


Judgment

DUA, J. :- This is an appeal on certificate under Art. 134 (1) (c) of the Constitution granted by the Allahabad High Court from its judgment dated March 7, 1969 convicting the three appellants for an offence under S. 109 read with S. 465, I.P.C.

2. The three appellants Raghunath Prasad, Viswanath and Pyarelal were tried for offences under, inter alia, Ss. 114/465, 114/467, 114/468, I.P.C. and S. 82 (d) of the Indian Registration Act. Raghunath Prasad was in addition tried for an offence under Section 471, I.P.C. The Second Temporary Civil and Sessions Judge, Kanpur acquitted them of the offences under the Penal Code on the ground that it was not safe to convict them on the sole testimony of the complainant Smt. Sukh Devi. So far as the offences under S. 82 (d) of the Registration Act is concerned there was the additional ground for acquittal, namely, absence of sanction of the registration authorities for their prosecution under S. 82 of that Act. The necessary permission having not been obtained, the prosecution failed on this ground as well. This view was taken on the basis of Emperor v. Kushal Pal Singh, ILR 53 All 804.

3. On appeal by the complainant Smt. Sukh Devi the Hi











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top