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1928 Supreme(Mad) 188

RAMESAM
Chinna Thimmappa – Appellant
Versus
Talukunta Timmappa – Respondent


JUDGMENT

Ramesam, J.

1. The question referred to the Full Bench in this case relates to the construction of Section 162 of the Criminal Procedure Code, that is, whether the words "any such statement" in the first paragraph of Clause (1) of the section cover only written statements or oral statements as well. The section has been the subject of consideration in a Full Bench decision of the High Court at Rangoon reported in King-Emperor v. Maung Tha Din (1926) I.L.R. 4 R. 72 (F.B.). One may begin the consideration of the section by assuming that, at first sight, two different constructions are possible. The two possible constructions are stated by Rutledge, C.J., at page 80. They are (1) a statement made by any person to a police officer in the course of an investigation under Chapter XIV, and (2) a statement made to a police officer in the course of an investigation under Chapter XIV and reduced into writing. The difference between the two meanings consists in that the second meaning contains an additional qualification, namely "being reduced into writing." The question is, which of these is to be adopted?

2. The pronominal use of the word "such" is a very common expedient in legislati












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