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Queen-empress Vs. Gordon

Queen-empress vs Gordon

Type Court Judgment Court Allahabad Decided Dec 31, 1969
~2 min read
https://sooperkanoon.com/case/452293

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Citation
Court
Allahabad High Court
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Charge - Addition of charge at trial--Altering charge--Criminal Procedure Code, Section 227. - - what it was proposed to do was not to 'alter' the charges, but to leave them untouched, and to add another charge perfectly distinct from them.

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

Gordon

Legal References

Reported In
(1887)ILR9All525

Excerpt

charge - addition of charge at trial--altering charge--criminal procedure code, section 227. - - what it was proposed to do was not to 'alter' the charges, but to leave them untouched, and to add another charge perfectly distinct from them......to alter or add to the charge in the manner proposed, and that such a procedure was covered by the terms of section 227 of the criminal procedure code.straight, j.4. overruled the objection. his lordship was not bound by the decision of the bombay high court in the case referred to, and the court in that case was not unanimous. he agreed with the dissentient judgment of mr. justice scott, and considered that the course he proposed to take was within the meaning of the words 'alter any charge' used in section 227 of the code.5. the charge under section 193 of the penal code was then added. the prisoner pleaded guilty to this charge. upon the direction of the court, the jury returned a verdict of not guilty upon the charges under sections 467 and 471, and upon the charge under section 193 convicted him on his plea of guilty. the court sentenced him to ten months' rigorous imprisonment.see the queen v. waris ali, n.-w.p. h.c. rep., 1871, p. 337, the code of criminal procedure then in force was act xxv of 1861, section 244 of which corresponding with section 227 of the present code.) provided that 'it shall be competent to any court before which a trial is held, at any stage of the trial to amend or alter the charge.'

Full Judgment

Straight, J.

1. Then directed the Clerk of the Crown to add a charge of fabricating false evidence under Section 193 of the Penal Code, with reference to the provisions of Section 227 of the Code of Criminal Procedure.

2. Mr. Howell, for the prisoner, objected that the Court had no power under Section 227 to add a fresh charge upon which the accused had not been committed for trial. All that the Court could do was to alter the existing charges: what it was proposed to do was not to 'alter' the charges, but to leave them untouched, and to add another charge perfectly distinct from them. He cited Queen-Empress v. Appa Subhana Mendre I. L. R., 8 Bom., 200.

3. The Public Prosecutor (Mr. Boss), for the Crown, contended, in reply, that the practice of the Court had always been, when such a course was necessary, to alter or add to the charge in the manner proposed, and that such a procedure was covered by the terms of Section 227 of the Criminal Procedure Code.

Straight, J.

4. Overruled the objection. His Lordship was not bound by the decision of the Bombay High Court in the case referred to, and the Court in that case was not unanimous. He agreed with the dissentient judgment of Mr. Justice SCOTT, and considered that the course he proposed to take was within the meaning of the words 'alter any charge' used in Section 227 of the Code.

5. The charge under Section 193 of the Penal Code was then added. The prisoner pleaded guilty to this charge. Upon the direction of the Court, the jury returned a verdict of not guilty upon the charges under Sections 467 and 471, and upon the charge under Section 193 convicted him on his plea of guilty. The Court sentenced him to ten months' rigorous imprisonment.See The Queen v. Waris Ali, N.-W.P. H.C. Rep., 1871, p. 337, The Code of Criminal Procedure then in force was Act XXV of 1861, Section 244 of which corresponding with Section 227 of the present Code.) provided that 'it shall be competent to any Court before which a trial is held, at any stage of the trial to amend or alter the charge.'

Continue Your Research

Same Parties Queen-empress vs Gordon Same Subject Criminal Same Judge Straight, J.
Criminal

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