Back
GRAHAM, CUMING
Mafizaddi – Appellant
Versus
King-Emperor – Respondent
JUDGMENT
Cuming, J. - This is an appeal by one Mafizaddi against the order of the learned Additional Scions Judge of Dacca, Mr. K.N. Roy who agreeing with the verdict of the jury found the accused Mafizaddi guilty u/s 366, Indian Penal Code, and sentenced him to four years rigorous imprisonment.
2. I may here point out that one of the difficulties with which we are confronted in dealing with this case is that it is impassible to ascertain what is the offence of which the appellant has been found guilty. For this reason he was charged that he on or about the 26th day of November 1925 at Rahapara kidnapped or abducted Jamila Khatoon and thereby committed an offence punishable u/s 366 Indian Penal Code. The jury in delivering their verdict found the accused person guilty u/s 366 Indian Penal Code; whether, therefore, he was found guilty of kidnapping or whether he was found guilty of abduction it is impossible to say. I need hardly point out that kidnapping is an entirely distinct offence from abduction the necessary ingredients being entirely different.
3. The first point raised by Mr. Talukdar, which point I think must succeed, is as follows : The main witness in the case was the girl
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
