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1869 Supreme(Cal) 266
CALCUTTA HIGH COURT
Roe - Appellant
Versus
Roe - Respondent
Decided On : 17-06-1869
Headnote:
Procedure - Criminal Procedure - Sections 221, 222 IPC - The court held that a failure in the general form of charge would not prevent the prosecution from proceeding on a specific charge.
Fact of the Case:
The key facts of the case are not provided in the given judgment text.
Finding of the Court:
The court held that a failure in the general form of charge would not prevent the prosecution from proceeding on a specific charge.
Issues: The key issue in the case was whether a failure in the general form of charge would prevent the prosecution from proceeding on a specific charge.
Ratio Decidendi: The court's decision was based on the interpretation of Sections 221 and 222 of the Indian Penal Code, which allow the prosecution to frame a specific charge even if the general form of charge is flawed.
Final Decision: The court ruled that a failure in the general form of charge would not prevent the prosecution from proceeding on a specific charge.
JUDGMENT
Phear, J. - I do not think it is necessary. Failure upon the general form of charge will probably not prevent you from proceeding upon a specific one.
