cover image: The Calcutta Weekly Notes  Law Notes of Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India  Monday  June 24  1940

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The Calcutta Weekly Notes Law Notes of Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday June 24 1940

1940

To this doctrine it was a necesary corollary that the Judge must warn the jury of the danger of convicting on the ucorroborated testimony of the prosecutrix and instruct them properly as to the nature of corroboration required though at the same time he was to add that if the jury with the warning present in their minds felt prepared to convict on the evidence of the prosecutrix alone th [...] The alleged defect in the Judge's charge to the jury was that it did not contain the warning as to the danger of convicting on the uncorroborated testimony of the proscutrix in a case of a sexual offence. [...] If that be the position of the complainant it follows that absence of a warning as to the danger of convicting on her uncorroborated testimony must be fatal just as the absence of a similar warning in the case of a genuine accomplice or aprover is unquestionably fatal. [...] Justice Sen had the courage and the candour to say that if the English rule was as it was represented to be it must be taken to owe its origin to the manners customs and modes of life of women as prevalent in England and the rule could not be imported in India without qualification. [...] The de facto guardian of a certain Muhamadan minors entered into an agreement with the Appellant whereby the Appellant agreed to advance money for the purpose of conducting a litigation in consideration of his getting a share of the properties in suit if the minors succeeded in the litigation after repayment of the money advanced.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes of Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday June 24 1940
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