AIR 1960 SUPREME COURT 409

Supreme Court Of India

(From Allahabad: AIR 1959 All 388)

Hon'ble Judge(s): A. K. Sarkar, M. Hidayatullah , JJ

(A) Criminal P.C. (5 of 1898) , S.225, S.537— Alteration of charge under S. 165A, I. P. C., to one under S. 161/109, I. P. C., in respect of abetment - No illegality. Penal Code (45 of 1860) , S.165A, S.161, S.109— Where the accused was charged and convicted under S. 165A, I. P. C., for abetment of the offence of bribery but in appeal the High Court changed the conviction to one under S. 161/109, I. P. C., on the ground that S. 165-A had not come into force when the offence was committed, and maintained the sentence, it was held that there was no illegality, since the effect in law of S. 161/109, I. P. C., was precisely the same as that of S. 165-A, at least in so far as the abetment of an offence actually committed was concerned and there were no further facts needed @page-SC410 to be brought to the notice of the accused by the amended charge, and the punishment both under S. 161/109 and S. 165-A was the same and there was no prejudice caused to the accused.(Para 4) Anno : AIR Com., Cr. P. C., S. 225, N. 2; S. 537, N. 10, 32. (B) Evidence Act (1 of 1872) , S.24— Confession meaning - Statement merely suggesting inference of guilt is not sufficient. Criminal P.C. (5 of 1898) , S.164— AIR 1957 All 388, Reversed....