The Empress Vs. Jyadulla - Court Judgment

SooperKanoon Citationsooperkanoon.com/855006
SubjectCriminal;Limitation
CourtKolkata
Decided OnMar-26-1877
JudgeRichard Garth, C.J., ;Kemp, ;Jackson, ;Macpherson and ;Ainslie, JJ.
Reported in(1877)ILR2Cal436
AppellantThe Empress
RespondentJyadulla
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.