EMPEROR Vs. BABU RAM

JUDGEMENT

(1.) This is an appeal on behalf of the Local Government against an order of a Sessions Judge setting aside the order of a Magistrate calling upon the opposite party to furnish security for good behaviour for a period of one year. A preliminary objection is taken that no appeal lies, and the importance of the objection lies in the fact that, if no appeal lies, then the local Government can only apply to this Court in revision, and the ordinary principles governing interference by this Court on the revisional side will be applicable; in other words, we shall have to be satisfied that the lower Court has erred, and erred prejudicially to the opposite party on some question of law, or has so grossly erred in the principles which it has applied to the weighing of the evidence that interference is called for.

(2.) We are of opinion that the objection must be sustained. Under Section 417, Criminal P.C., the local Government is only given the right of appeal against an acquittal. It is unnecessary to do more than to mention the sections to which we have been referred. They are as follows: Secs.118, 406, 417 and 423 of the Code. We think that there cannot be the least doubt that the terms "conviction" and acquittal" are nowhere applied throughout the Code to an order under Section 118, and that they are, in fact, wholly inapplicable. We think that this point is so clear that it is unnecessary to discuss it in greater detail; nor, in our view, does it require the support of authority. We may, however, mention that there are cases reported in Empress V/s. Phullu [1898] A.W.N. 127; Ali Mahomed V/s. Tarak [1909] 13 C.W.N. 420; Chand Khan V/s. Empress [1883] 9 Cal. 878; which all bear on this point and favour the view that we have stated.

(3.) We have, therefore, limited our consideration of this case by the principles ordinarily applicable to cases heard on the revisional side. We have had placed before us the judgment of the learned Additional Sessions Judge, and it has only been possible, apart from the weight of the evidence, for the learned Government advocate to make one serious criticism of that judgment. The learned Judge has in dealing with the prosecution witnesses excluded altogether from consideration the evidence of seven police officers holding that the evidence of such police officers "is of no value to prove bad character."