Court : Allahabad
Decided on : Oct-24-1933
Reported in : 147Ind.Cas.238
1. (September 13, 1933.)--Sheo Janak Pandey, Brahmin, was charged in the court of the Assistant Sessions Judge of Ballia under Section 376, of the Indian Penal Code, with the rape of Musammat Ratni, a small girl 12 years of age. The learned Assistant Sessions Judge acquitted the accused. The Local Government appeals.2. At or about noon on October 25, 1932, in the village of Piaria this small girl was engaged in cutting grass in an arhar field. It was alleged by the prosecution that Sheo Janak Pandey, a youth of 16 years of age, came to her and asked her to go with him to a neighbouring field in order to help him to put a bundle upon his head. The girl refused and was threatened by Sheo Janak Pandey. She went with him to his arhar field, and there she was ravished. To prove this case the prosecution called two eye witnesses, Bechu and Rajrup. These witnesses stated that they also were engaged in cutting grass in a neighbouring field; that they heard the shouts of the girl and ran up to ...
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-1933
Reported in : AIR1933All764
Mukherji, J.1. This is a revision purporting to have been filed under Section 115, Civil P.C., and Section 107, Government of India Act. It arises out of an election petition filed by the applicant, Mr. Ghulam Nizam Uddin, against the opposite party, Mr. Akhtar Husain Khan. The respondent was elected a member of the District Board of Agra and his election was challenged by the applicant. The respondent produced before the District Judge, who heard the election petition, a document, said to have been signed by the applicant, by which it was alleged, he said that he had agreed for a consideration of Rs. 50, which he had already received, to withdraw the case, as he, the applicant, was aware of the weakness of his case. The District Judge inquired into the allegation of this adjustment of the election petition before him, and having come to the conclusion that the matter in dispute had been adjusted as alleged, he dismissed the petition.2. In this Court the applicant has challenged the va...
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-1933
Reported in : 147Ind.Cas.148
Mukerji, J.1. This is a revision purporting to have been filed under Section 115 of the Civil Procedure Code and Section 107 of the Government of India Act. It arises out of an election petition filed by the applicant, Mr. Ghulam Nizam Uddin, against the opposite party, Mr. Akhtar Husain Khan. The respondent was elected a member of the District Board of Agra and his election was challenged by the applicant. The Respondent produced before the District Judge, who heard the election petition, a document, said to have been signed by the applicant, by which it was alleged, he said that he had agreed for a consideration of Rs. 50 which he had already received, to withdraw the case, as he, the applicant was aware of the weakness of his case. The District Judge inquired into the allegation of this adjustment of the election petition before him, and having come to the conclusion that the matter in dispute had been adjusted as alleged, he dismissed the petition.2. In this Court the applicant has...
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-1933
Reported in : AIR1933All690; 145Ind.Cas.481
Sulaiman, C.J.1. This is an appeal by 27 accused persons in what is known as the Meerut Conspiracy case. The trial has become somewhat notorious on account of its unprecedented duration. All the accused persons, except Hutchinson, were arrested in March 1929, (Hutchinson was arrested in June of the same year) and have all this time, except for the period during which some of them were released on bail, been detained in jail. The trial commenced in the Court of the Committing Magistrate on a complaint filed on 15th March 1929, and on a supplementary complaint against Hutchinson on 11th June 1929.2. The entire proceedings have now lasted for nearly four years and a half. This is accounted for as follows: (1) The preliminary proceedings before the Magistrate took over seven months, resulting in the commitment of the accused to the Court of Session on 14th January 1930; (2) in the Sessions Court the prosecution evidence took over 13 months; (3) the recording of the statements of the accuse...
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