SRIDHAR JHA Vs. EMPEROR

JUDGEMENT

(1.) The petitioner, a boy of 15, has been sentenced to eighteen months rigorous imprisonment for contravening the provisions of Rule 39, Defence of India Rules, i.e., of being in possession of documents containing prejudicial reports.

(2.) On behalf of the petitioner it has been contended that the documents referred to have not been proved to have been recovered from his possession, that the documents do not contain prejudicial reports, and thirdly, that the Magistrate who conducted the trial had no jurisdiction to do so.

(3.) The case was transferred to Mr. Bhawani Shankar for trial by the Sub- divisional Magistrate on 14-3-1945. The trial actually commenced on 21 July. A charge was framed on the 26th, and on the 30 most of the prosecution witnesses were cross-examined and the case adjourned for the cross-examination of the investigating officer. The investigating officer was cross-examined on 1st August, and judgment in the case was delivered on the 27th. An offence (under Rule 39 is punishable with three years rigorous imprisonment. Under Schedule II, Criminal P.C., such an offence is triable by a Magistrate of the First Class. Until 1st August, Mr. Bhawani Shankar was a Magistrate of the Second Class. He was vested with first class powers on 1 August by Notification No. 974. It is clear, therefore, that until that date he had no jurisdiction to conduct this trial at all.