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1950 (11) TMI 24

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..... emature. The charge is that the accused harboured an 'offender' and thereby committee an offence punishable under Section 207, Travancore Penal Code, The preliminary objection raised before the Magistrate was that as the 'offender' concerned has not been apprehended or tried or convicted, the present prosecution is premature. It would appear that there are as many as four cases pen .....

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..... n under Section 212, Penal Code, (Travancore Section 207) should be stayed until after the trial of the persons whom he is said to have harboured, had considerable force and accordingly directed the stay of the trial. 3. In Pariahan Singh v. Emperor 1944 P. W. N. 521 Meredith J. of the Patna High Court took the view that until the 'offender' has been convicted of the offence he is alleg .....

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..... able only the harbouring of a person when it is known or there is reason to believe that he is the offender. The first thing to be proved in a case under this section is that an offender has been committed by the person harboured. Jung Bahadur's trial, however, has not yet been concluded. Until actually convicted, he is, like every one else, entitled to the presumption that he is innocent. Onl .....

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