RAM JAS versus STATE OF U.P.

RAM JAS versus STATE OF U.P.

Conviction under section 419 read with section 109 IPC was improper as no such charge was framed or explanation sought from the accused during trial, and the facts proved did not constitute the full offence of cheating. The sentence of imprisonment in default of payment of fine exceeded the statutory maximum under...

Source-derived case information.

Parties
Appellant: Ram Jas; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
11 September 1970
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment by Special Leave
Outcome
Appeal allowed; conviction under section 419 read with section 109 IPC set aside
Legal Topics
Indian Penal Code Section 419, Abetment of Cheating by Personation, Charges and Procedural Fairness, Imprisonment in Default of Payment of Fine
Criminal Law Indian Penal Code Section 419 Abetment of Cheating by Personation Charges and Procedural Fairness Imprisonment in Default of Payment of Fine

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Parties

Ram Jas

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment by Special Leave

Legal Issues

  1. 1 Whether conviction under section 419 read with section 109 IPC was proper when no such charge was framed in the trial court
  2. 2 Whether the facts found constituted the offence of cheating under section 415 IPC
  3. 3 Legality of sentence of imprisonment in default of fine under section 65 IPC

Ratio Decidendi

Conviction under section 419 read with section 109 IPC was improper as no such charge was framed or explanation sought from the accused during trial, and the facts proved did not constitute the full offence of cheating. The sentence of imprisonment in default of payment of fine exceeded the statutory maximum under section 65 IPC and was thus illegal.

Court Disposition

Appeal allowed; conviction under section 419 read with section 109 IPC set aside

Orders

  • Case remitted to High Court for rehearing of appeal with respect to offences for which appellant was convicted by trial court