The Criminal Law Journal of India Reports

The record shows on the contrary that the first thing the Magistrate did when the ease oame before him was to take the statement of the complainant. [...] At page 31* the learned Judges say :—" The learned Counsel for the appellants contends that the said evidence is inadmissible inasmuch as no proof of the absconding of the accused had been formally received and recorded prior to the examination of the said witnesses. [...] The evidence of 1897 being inamissible the conviction of the appellant on the basis of such evidence cannot stand." It would seem from this passage that the learned Judges looked at the file of the previous trial and found that there was no evidence from which the Magistrate could draw the inference that the accused was absconding and that there was no immediate prospect of his (1) 31 Ind. [...] In view of the exceptional powers conferred upon the authorities by the Defence of India Act and by the rules framed under it the Courts are entitled to require strict compliance with all the provisions introduced into the rules by way of safeguarding the liberty of the subject [p. [...] In view of the exceptional pctwers conferred upon the authorities by the Statute and by the rules under consideration I think that the Courts are entitled to require strict compliance with all the provisions introduced into the rules by way of safeguarding the liberty of the subject.