The Empress Vs. Jyadulla - Court Judgment |
SooperKanoon Citation | sooperkanoon.com/855006 |
Subject | Criminal;Limitation |
Court | Kolkata |
Decided On | Mar-26-1877 |
Judge | Richard Garth, C.J., ;Kemp, ;Jackson, ;Macpherson and ;Ainslie, JJ. |
Reported in | (1877)ILR2Cal436 |
Appellant | The Empress |
Respondent | Jyadulla |
Excerpt:
criminal procedure code (act x of 1872), section 272 - appeal--acquittal--limitation--act ix of 1871, section 5, clause b, and schedule ii, article 153--act xi of 1874, section 23. - richard garth, c.j.1. we are of opinion that an appeal from an order of acquittal is within time if presented within six months from the date of the order of acquittal. the sixty days' rule does not apply.[1][1] ed note. in 'reg. v. dorabji balabhai' (11 bom. rep. p. 117) it was held, that section 272 of act x of 1872 must be read by itself.
Judgment:Richard Garth, C.J.
1. We are of opinion that an appeal from an order of acquittal is within time if presented within six months from the date of the order of acquittal. The sixty days' rule does not apply.[1]
[1] Ed Note. In 'Reg. V. Dorabji Balabhai' (11 Bom. Rep. P. 117) it was held, that Section 272 of Act X of 1872 must be read by itself.