ENAYAT HUSAIN Vs. KING-EMPEROR

JUDGEMENT

(1.) Enayet Husain has been convicted under Section 377, Indian Penal Code, and sentenced do 5 years rigorous imprisonment. The trial was before an Assistant Sessions Judge with a jury.

(2.) The only question is whether there was misdirection in this case. The heads of charge, as noted down by the learned Judge, do not give a summary of the evidence, nor does it show at all whether the learned Judge did or did not do anything more than say to the jury that there were material discrepancies; and whether those discrepancies were brought to the notice of the jury, or whether the Judge simply told the jury that there were discrepancies, does not appear from the record. Further the Judge in charging the jury has more than once used the expression: If you are morally convinced, your verdict should be that of guilty.

(3.) Then the Judge records that he agrees with the unanimous verdict of the jury as regards Enayat. He goes on to say: There are some doubts, no doubt; but then the doubts are not strong enough to impel me to make a reference to the High Court.