VAITHINATHA PILLAI Vs. KING-EMPEROR

JUDGEMENT

(1.) During the lengthened hearing of this case their Lordships have had full opportunity of making themselves thoroughly familiar with the evidence and of giving all due consideration to the weighty arguments that have been addressed to them with great force and ability by the Counsel on both sides. They have availed themselves of that opportunity and they have had no difficulty, under these circumstances, in making up their minds as to the advice which they feel it will be their imperative duty humbly to tender to His Majesty. As the appellant now lies under sentence of death their Lordships think it would only be humane "V and proper to announce at once what their advice will be. Their Lordships, while fully alive to the great undesirability of disturbing the judgment of the Criminal Courts in India, are clearly of an opinion that in the present case, owing in the main to the reception of wholly inadmissible evidence, the use made of that evidence when admitted to the grave prejudice of the accused, coupled with the absence of all reliable evidence of the appellant s guilt, substantial and grave injustice has been done in convicting him of the crime of which he has been convicted, and therefore, that conviction cannot stand. The case they think conies well within the principle laid down, over twenty-five years ago, in Dillefs case (1887) 12 App. Cas. 459, a principle by which the action of this Board has been guided ever since. That in the nature of the advice which their Lordships will tender, and on a future occasion they will give, more at length the reasons which have led them to the conclusion which they have arrived at. R. Finlay, J.

(2.) My Lords, I should like to mention the question of the costs of the appeal. Atkinson, J.

(3.) This was considered before and in the case of Johnson v. Rex [1904] A.C. 817, 825 the head note of which-is this : " In future the Board will adhere to the practice of the House of Lords, and the rule as to costs in cases between the Crown and a subject will be that the Crown neither pays nor receives costs unless the case is governed by some local statute, or there are exceptional circumstances justifying a departure from the ordinary rule."