Jiwan v. Emperor

Lindsay, J.:— This is an application in revision on behalf of one Jiwan who has been convicted in the court of the Magistrate on a charge under section 411. It appears the two other persons were tried along with Jiwan, one of whom was acquitted, the other being convicted. The latter has not made any application to this court.

2. Jiwan's conviction was upheld by the learned Sessions Judge in spite of the plea taken before him the trial was illegal. There can be no doubt as to the illegality of the trial and I cannot agree with the Judge who seems to have taken the view the an illegality of this kind can be cured by the application of Section 537 of the Cr PC. I must give effect therefore to this application and sat aside all the proceedings in the court below.

3. The result is the accused will be released.

4. Application allowed.