NATABAR GHOSE Vs. PROVASH CHANDRA CHATTERJEE

JUDGEMENT

(1.) SECTION 370 of the Criminal P. C. requires that in a case such as that now before us, the Magistrate should record a brief statement of the reasons for the conviction. The Magistrate has failed to comply with the law. He has recorded no such reasons as are contemplated by SECTION 370. It is not sufficient for him to record that the offence is proved, for that may necessarily be implied to be his opinion from the fact that he has convicted the accused. The law contemplates something further as the reasons for the conviction. We have accordingly considered the whole case, and, although we agree with the Presidency Magistrate that the accused should be convicted, we think that he should have been convicted of theft as a servant rather than of criminal misappropriation. The error, however, is immaterial, as it has not prejudiced the accused. The rule is, therefore, discharged.