Debabrata Mookerjee, J. - (1.) This appeal must be allowed.
(2.) The appellant Shibrath Shaw has been convicted by the Chief Judga, City Sessions Court, Calcutta of kidnapping under Section 363, I. P. C. and sentenced to five years' rigorous imprisonment. The trial was held with the aid of a jury.
(3.) The only question which falls to be determined in this appeal is whether the jury's verdict can be sustained in view of the Judge's proceedings dated 15th/16th November, 1962. It appears that after the close of the case and speeches of the Public Prosecutor and the defence counsel the learned Judge summed up the evidence. The order sheet of the day's proceeding of the 15th shows that after the summing up the jury retired to consider their verdict at 6-30 p.m. They returned to deliver their verdict at 6-45 p.m. when the learned Jutige did not receive the verdict and record it on the ground that it was already too late. He observed as follows: "As it was already late after nightfall -- the jury were instructed to reserve their verdict for further deliberation, if required, on the following day at 10-30 a.m. and to declare their verdict thereafter. Tomorrow for further deliberation by Jurors and for delivery of verdict. The accused to remain as before and be produced tomorrow at 10-30 a.m. for further trial. The Jurors do please reassemble to-morrow at 10-30 a.m.";