Rajasthan Court December 1954 Judgments

George Anthony Monterio Vs. the State

Court: Rajasthan

Reported in: 1955CriLJ608

ORDERNigam, J.C.1. George Anthony Monterio was sentenced by the Special Judsre, State of Ajmer, Under Section 161, Penal Code and Section 5(2) of Act 2 of 1947 to rigorous imprisonment for six months and one year respectively, it being directed that the two sentences were to run concurrently. He preferred an appeal to this Court which was dismissed on 27-11-1954. Now he has filed a petition under Ait. 134(1)(c) of the Constitution for grant of a certificate that the case is a fit one for appeal to the Hon'ble Supreme Court. In this petition, I have heard the learned Counsel for the applicant and the learned Assistant Public Prosecutor,2. The learned Counsel for the applicant has urged that this Court has held that the accused was an 'officer' within the meaning of Clause 9 of Section 21, Penal Code. It is urged that there is a divergence of opinion between the High Courts as to the true meaning that should be attached to the word 'officer' as used in the last part of Cl, 9. In my judgm...