JUDGMENT - (1) After narrating the facts and examining certain contentions of the counsel for the appellant, his Lordship proceeded). Then, it was urged by Mr. Chari that the learned Judge allowed inadmissible evidence to be admitted on the record and that evidence must have seriously prejudiced the mind of the jury against the appellant. Reliance was sought to be placed upon the complaint, Exhibit C, which was submitted by Rashida on 15th August 1958 to the Commissioner of Police. By that complaint the appellant was charged with being a drunkard a gambler, a man of notoriously bad character and a "white slaver" who desired to dispose of his own wife (Rashida) for the purpose of prostitution and that e had committed rape upon his sister-in-law. The question of the admissibility of this complaint was, it appears, not raised before the trial Court and the complaint was admitted in evidence. Mr. Chari contends that a statement made by the victim of an offence which is not proximate in time to the death and directly related to its cause is inadmissible in evidence under section 32(1) of the Evidence Act and apart from that provision such a statement made by a person who has since died

Click Here to Read the rest of this document