WAZUDDI Vs. RAHIMUDDI

JUDGEMENT

(1.) On the general question of applications made to this Court by complainants in respect of the acquittal of persons whom they have charged with the commission of offences I adhere to the views expressed in my dissentient judgment in the case reported as Faujdar Thakur v. Kasi Choudhuri 27 Ind. Cas. 183***, 19 C. W. N. 184 : 21 C. L. J. 53 : 16 Cr. L. J. 122 : 42 C. 612. I need add nothing to what I then said beyond this that to lay down as a hard and fast Rule that such applications are to be discouraged is for this Court to abdicate its functions and in present conditions in India must necessarily result in denials of justice. Every such application should, in my view, be considered on its own facts.

(2.) As to the merits on the evidence of the acquittal with which we are now concerned it is unnecessary and in my opinion undesirable to express any decided opinion.

(3.) It is sufficient to show that the decision of the Magistrate is vitiated by a series of misconceptions which pervade his judgment.