IN RE.- RAJAH SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner Rajah Singh Nadar now stands convicted and sentenced to two years R.I. under S. 471 read with S. 466, I.P.C. This is as modified by the Sessions Judge in appeal. As originally charged before the Assistant Sessions Judge, there were two offences against him, one for cheating by personation punishable under S. 419, I.P.C., and the other for using as genuine a forged document punishable under S. 471 read with S. 466, I.P.C., and in respect of both, the learned Assistant Sessions Judge found him guilty and convicted him, but in appeal the learned Sessions Judge acquitted him of the offence under S. 419, I.P.C. The facts leading to the aforesaid charges are shortly as follows :

(2.) The petitioner was a passenger on board "S.S. Ghoshen" on 19th October 1961. When his passport was checked by P.W. 1, a Port Registration Officer at Dhanushkodi, at about 8 a.m., on 19th October, 1961, he was found to carry a passport with his photo but in a false name, for while the petitioner is called Raja Singh Nadar, the passport contained the name Jabamani Nadar, as if he was the owner of the photo and the passport. When questioned the petitioner made a statement as per Ex.P -2 signing his name as "P. Raja Singh Nadar." P.W. 1, therefore, handed over the accused with the passport Ex. P -1 and the statement to P.W. 2 the, Head Constable. He registered a crime and took up investigation. P.W. 3, the Sub Inspector, who took up further investigation, charge -sheeted the petitioner as stated above.

(3.) The evidence against the petitioner consisted of Ex.P.1, seized from him and the statement Ex.P. 2 recorded by P.W. 1. It is strongly contended before me that since this statement amounts to a confession and having been made to P.W. 1, who occupied the position of a police officer within the meaning of S. 25 of the Evidence Act, it was not admissible in evidence. The learned trial Judge has admitted in evidence only such portion of it (marked as Ex.P. 2) as led to the discovery of certain information, as for instance, that the petitioner is called Rajasingh Nadar, that he had gone to Ceylon, that Jabamani Nadan. his elder brother, died in Ceylon in 1956 etc.