DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0782
724
REGULATION LIIL
[A.D. 1803.
complices convicted
with principals, whose
mut Adawlut.
But this restriction
not to prevent a Anal
o/* CZrcwiZ, or the re-
lease of such prisoners.
Rule to be observed
by the judges 0/ c:'r-
Futwah to be given
by the law officers of
cases in Clauses Second
to Sixth of Sec. ii. of
this Regulation, de-
cipal in any crime may be referred for the sentence or continuation of the
Nizamut Adawlut, whether under the present or any other Regulation,
and an accomplice in the' same crime shall have been brought to trial and
convicted at the same time with the principal, the of shall
not carry into execution their sentence upon the accomplice so convicted,
but shall wait the confirmation or final sentence of the Nizamut Adawlut,
as well respecting the accomplice as the principal. Provided, however,
that this restriction be not understood to prevent the judges of fAe Cbzz?'^
of (Wczzz^ from passing a final sentence of acquittal upon any prisoners
charged as accomplices, whom they may acquit of such charge in concur-
rence with their law officers; or from directing the release of any pri-
soners so acquitted, notwithstanding the reference of the trial of the prin-
cipal to the Court of Nizamut Adawlut.
fAAW. Whenever the judges of Vte UozzrA of Uzkczzf may refer to the
Court of Nizamut Adawlut the trial of a prisoner or prisoners whom they
may consider proper objects of capital punishment under Clause Second
of Section IV. of this Regulation, [o?* of Z772pW3073772 C72% Jz/b ZZ72&7'
(Vzzzz^g of ^Azz^ 360^072], or of a mitigation of punishment under Clause
Fifth of that section, or of an extension, mitigation, or remission of punish-
ment in any case whatever, they shall be careful to notice the same in
their letters accompanying the trials referred; and shall state at large the
grounds of their judgment, whether for or against the prisoner, with such
of the facts and circumstances in evidence upon the trial as may be neces-
sary to explain the case of the prisoner, whose punishment is proposed to
be extended, mitigated, or remitted.
VII. Wzkvk In all trials transmitted by the Cbzo'A of to the
Court of Nizamut Adawlut, in which the Mahomedan law officers of that
court may consider the prisoner or prisoners liable to discretionary punish-
ment, they shall declare the same generally, with a statement of the
grounds on which the prisoner or prisoners may be adjudged by them
subject to discretionary punishment, leaving the measure of punish-
ment in such cases to be determined by the judges of the Nizamut
Adawlut, under the provisions contained in this or any other existing
Regulation.
NbcozztA The several provisions made by Clauses Second, Third, Fourth,
Fifth and Sixth, of Section II. of this Regulation, for the guidance of the
of UA'Czf A in cases wherein their law othcers may declare a pri-
soner or prisoners liable to discretionary punishment, and wherein'a spe-
cific punishment may have been fixed and declared by the Regulations, or
wherein the specihc penalties of the Mahomedan law may be withheld, on
the ground of the evidence against the prisoner not being such as the law
requires for a sentence of hud or kissaas, though sufficient to convict the
prisoner on strong presumptive proof, or wherein the sentence of hud or
kissaas is barred against the prisoner, though fully convicted, by some
special exception or distinction, not affecting the nature and criminality
of the offence, and evidently repugnant to the principles of equal justice,
shall be considered equally applicable to all cases of the same descriptions,
wherein the law officers of the Nizamut Adawlut, in any trials before that
court, may declare the prisoner or prisoners liable to discretionary punish-
ment; and the judges of that court are to pass sentence accordingly,
by Ac^XXIV.
1843.
See Act XXIV.
1843.
REGULATION LIIL
[A.D. 1803.
complices convicted
with principals, whose
mut Adawlut.
But this restriction
not to prevent a Anal
o/* CZrcwiZ, or the re-
lease of such prisoners.
Rule to be observed
by the judges 0/ c:'r-
Futwah to be given
by the law officers of
cases in Clauses Second
to Sixth of Sec. ii. of
this Regulation, de-
cipal in any crime may be referred for the sentence or continuation of the
Nizamut Adawlut, whether under the present or any other Regulation,
and an accomplice in the' same crime shall have been brought to trial and
convicted at the same time with the principal, the of shall
not carry into execution their sentence upon the accomplice so convicted,
but shall wait the confirmation or final sentence of the Nizamut Adawlut,
as well respecting the accomplice as the principal. Provided, however,
that this restriction be not understood to prevent the judges of fAe Cbzz?'^
of (Wczzz^ from passing a final sentence of acquittal upon any prisoners
charged as accomplices, whom they may acquit of such charge in concur-
rence with their law officers; or from directing the release of any pri-
soners so acquitted, notwithstanding the reference of the trial of the prin-
cipal to the Court of Nizamut Adawlut.
fAAW. Whenever the judges of Vte UozzrA of Uzkczzf may refer to the
Court of Nizamut Adawlut the trial of a prisoner or prisoners whom they
may consider proper objects of capital punishment under Clause Second
of Section IV. of this Regulation, [o?* of Z772pW3073772 C72% Jz/b ZZ72&7'
(Vzzzz^g of ^Azz^ 360^072], or of a mitigation of punishment under Clause
Fifth of that section, or of an extension, mitigation, or remission of punish-
ment in any case whatever, they shall be careful to notice the same in
their letters accompanying the trials referred; and shall state at large the
grounds of their judgment, whether for or against the prisoner, with such
of the facts and circumstances in evidence upon the trial as may be neces-
sary to explain the case of the prisoner, whose punishment is proposed to
be extended, mitigated, or remitted.
VII. Wzkvk In all trials transmitted by the Cbzo'A of to the
Court of Nizamut Adawlut, in which the Mahomedan law officers of that
court may consider the prisoner or prisoners liable to discretionary punish-
ment, they shall declare the same generally, with a statement of the
grounds on which the prisoner or prisoners may be adjudged by them
subject to discretionary punishment, leaving the measure of punish-
ment in such cases to be determined by the judges of the Nizamut
Adawlut, under the provisions contained in this or any other existing
Regulation.
NbcozztA The several provisions made by Clauses Second, Third, Fourth,
Fifth and Sixth, of Section II. of this Regulation, for the guidance of the
of UA'Czf A in cases wherein their law othcers may declare a pri-
soner or prisoners liable to discretionary punishment, and wherein'a spe-
cific punishment may have been fixed and declared by the Regulations, or
wherein the specihc penalties of the Mahomedan law may be withheld, on
the ground of the evidence against the prisoner not being such as the law
requires for a sentence of hud or kissaas, though sufficient to convict the
prisoner on strong presumptive proof, or wherein the sentence of hud or
kissaas is barred against the prisoner, though fully convicted, by some
special exception or distinction, not affecting the nature and criminality
of the offence, and evidently repugnant to the principles of equal justice,
shall be considered equally applicable to all cases of the same descriptions,
wherein the law officers of the Nizamut Adawlut, in any trials before that
court, may declare the prisoner or prisoners liable to discretionary punish-
ment; and the judges of that court are to pass sentence accordingly,
by Ac^XXIV.
1843.
See Act XXIV.
1843.