EMPEROR Vs. LMMARINO

JUDGEMENT

(1.) This application raises an important point as to the jurisdiction and powers of the Sessions Judge of Aden under the Aden Civil and Criminal Justice Regulation VI of 1933.

(2.) The facts may be very briefly stated. There was a collision" between two motor ears at the cross roads near the National Bank of India at Crater in Aden in consequence of which a passenger in one of the cars was fatally injured. The drivers of the two cars were prosecuted for an offence under Section 304-A of the Indian Penal Code, and the First Class Magistrate at Aden convicted the driver of one car and fined him Rs. 500. He acquitted the other, who was accused No. 2 and who is the applicant before Us. There were two revision applications to the Sessions Judge of Aden; one by the convicted accused and ode by the Public Prosecutor in the case of the Other accused who was acquitted. The Sessions Judge confirmed the conviction of accused No, 1. He set aside the acquittal of accused No. 2 and sentenced him to a fine of Rs. 100 with imprisonment in default.

(3.) The learned counsel on behalf of the applicant has contended, firstly, that the Sessions Judge had no jurisdiction to deal with the case in revision the only procedure being for Government to appeal to the High Court of Bombay as provided in Section 38 (2) of the Regulation ; secondly, that in any case the Judge had no power to convert an acquittal into a conviction in revision, a thing which even the High Court of Bombay cannot do (vide Section 439 of the Criminal Procedure Code,)