Full Authentic Report of the Tilak Trial 1908 Being the Only Authorised Ve
Full Authentic Report of the Tilak Trial 1908 Being the Only Authorised Ve
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Mr. Baptista: — My next point relates to the verdict. In the verdict the attempt and the substantive charge are taken as distinct charges It is not clear whether the Jury found the verdict on the substantive charge or the attempt. 5$ HIGH COURT APPEAL. Chief Justice: — Was there a general verdict ou each charge framed? i Mr Baptista; — Yes, my Lord. Chief Justice: — Why do you say this is bad? ]\Ir. Baptista: — There are two views of that article which the Prosecution placed before the Jury the... substantive charge and the attempt. It was the duty of the Jury to find which view is the true one. In the Section which defines the duties of jurors we find (reads Section 299) . Chief Justice: — Do you say that the accused was prejudiced by this? Mr. Baptista; — Yes, My Lord, upon the prejudice depends the punishment. If the substantive charge failed and he was convicted of the attempt his punishment would be smaller. Chief Justice ; — But under Section 124 A the substantive charge and the attempt are combined and complete, so the punishment is complete.
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