Hand-Book of Criminal Cases: Being a Verbatim Reprint of All ..., volume 2
Hand-Book of Criminal Cases: Being a Verbatim Reprint of All ..., volume 2
Balwantrai R. Desai
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(2) (ISSl) S Q. B. D. 68. (3) (1839) 9 C. A. P. 466. (4) (1870) L. R. 5 Ch. 688. (5) (1886) 17 Q. B. P. 290. Digitized by Google r. I.. S. S6 Som. 6tS8 »9 N, M. Samarth for the accused: -The entry into complainant's house at^ fnbst amounted to civil-trespass. Sections 441 contemplates the entry as a means to another act and regards the intention with which it is made in relation to that act. In the present case the accused's intent was not to annoy the com- plainant : his object was merely to e...ffect an entry into the house of the com- plainant's neighbour. See J'n tke matter of Jotkaram DavayW ; Queen-Em^ press V RayapalayachiW ; Ohunder Nurain v. Farguharson^?) ; Beg. v. VujeerW ; Imperatrix v. Oanpat RamshetX^) 0. S. Dandavale for the complainant : — Here it is found as a fact that the entry was with iuttnt to annoy, and the complainant was in fact annoyed, for he at once repaired to the police station and lodged a complaint. As the entry was in spite of complainant's protest^ the accused must be presumed to have intended the annoyance caused by his entry.
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