MAFIZADDI Vs. KING-EMPEROR

JUDGEMENT

(1.) This is an appeal by one Mafizaddi against the order of the learned Additional Scions Judge of Dacca, Mr. K.N. Roy who agreeing with the verdict of the jury found the accused Mafizaddi guilty under Section 366, Indian Penal Code, and sentenced him to four years rigorous imprisonment.

(2.) I may here point out that one of the difficulties with which we are confronted in dealing with this case is that it is impassible to ascertain what is the offence of which the appellant has been found guilty. For this reason he was charged that he on or about the 26 day of November 1925 at Rahapara kidnapped or abducted Jamila Khatoon and thereby committed an offence punishable under Section 366 Indian Penal Code. The jury in delivering their verdict found the accused person guilty under Section 366 Indian Penal Code; whether, therefore, he was found guilty of kidnapping or whether he was found guilty of abduction it is impossible to say. I need hardly point out that kidnapping is an entirely distinct offence from abduction the necessary ingredients being entirely different.

(3.) The first point raised by Mr. Talukdar, which point I think must succeed, is as follows : The main witness in the case was the girl Jamila Khatun. When this witness was put into the box and was examined in chief the defence pleader desired to cross-examine this witness with the object of breaking down her testimony by putting to her certain statement which it is alleged she had made to the Sub-Inspector who investigated the case. The learned Additional Sessions Judge held that this statement was recorded by the Sub-Inspector under Section 172 Criminal P.C., and therefore it was privileged.