Guwahati Court July 1951 Judgments

Govt. Advocate and Public Prosecutor, on Behalf of the State Vs. Dilip ...

Court: Guwahati

Thadani, C.J. 1. This is an appeal preferred by the State of Assam under Section 417, Criminal P. C., against an order of acquittal passed by the learned First Class Magistrate of Gauhati in G. R. Case No. 2085 of 1946 in which he acquitted one Dilip Kumar Chatterjee of the offence of criminal breach of trust under Section 408, I. P. C. 2. As we propose to order a re-trial, it is not necessary to set out the facts of the case. We find that the Trying Magistrate has displayed a complete ignorance of the meaning of Section 342, Criminal P. C. The only question put by the learned Trying Magistrate to the accused was: 'What is your reply to the charge brought against you to the effect that you misappropriated money of Railway Company?' The answer was: 'I am innocent.' If the learned Magistrate had taken care to refer to Sections 405 and 408, I. P. C., he would have realised that the points for determination in a case in which an accused person is sent up for trial under Section 408, I....