DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0429
A.D. 1817.]
REGULATION XVII.
419
before whom the trial may be held, on full consideration of the evidence,
and of all the circumstances of the case, shall be of opinion that the proof
against the prisoner, whether founded on his free and voluntary confession,
or on the testimony of credible witnesses, or on circumstances of strong
presumption, is sufficient to convict the prisoner of the whole, or any part
of the charge, so as to render him a proper object of punishment, the
judge shall not pass any sentence; but, as directed by the existing Regula-
tions, in all cases wherein a judge of sitting on a criminal trial may
disapprove the futwa of the law officer, shall transmit without delay the
whole of the proceedings on the commitment and trial, with the futwa of
the law officer, to the Court of Nizamut Adawlut; and shall state in a
letter to that court the specific crime or crimes which the judge may con-
sider to be established against the prisoner.
III. * On receipt of the proceedings upon trials referred to the Nizamut
Adawlut, in pursuance of the foregoing section, the Mahomedan law officers
of that court shall write their futwa thereupon, as in other trials referred
under the general Regulations.
IV. f In such cases, as well as in all trials referred to the Nizamut
Adawlut, when the futwa of one or more of the law officers of that court
may acquit a prisoner of the whole or any part of the charge preferred
against him, and two or more judges of that court, on a deliberate con-
sideration of the evidence and circumstances of the case, shall concur in
opinion that the proof against the prisoner so acquitted, whether founded
on his free and voluntary confession, or on the testimony of credible wit-
nesses, or on circumstances of strong presumption, is sufficient to convict
him of the whole, or any part of the charge, and that he is in every respect
a proper object of punishment, the judges so concurring in opinion are
hereby declared competent to convict and pass sentence of punishment
upon the prisoner, according to the nature and degree of his offence, and
the provisions applicable thereto in the laws and Regulations in force, in
like manner as if he had been declared convicted by the futwa of the law
officers.
V. If the evidence of a witness on a criminal trial before a q/
be declared by the Mahomedan law officer inadmissible, on the
ground of the witness being a police officer, or an officer of Government
of any description; or on any other ground of exception in the Mahome-
dan rules of evidence, which may appear to the judge of cfrcMzY unreason-
able and insufficient, the judge shall cause the examination of the witness
to be taken, notwithstanding the exception stated by the law officer; and
shall require the latter, on completion of the trial, to declare in his futwa
the sentence to which the prisoner would have been liable, if the evidence
of the witness or witnesses objected to had been admissible under the
provisions of the Mahomedan law. In such cases, however, if the con-
viction of the prisoner depend exclusively or principally upon the evidence
* ModiRed by Sec. vi. Reg. VI. 1832, which gives discretionary power to the Nizamut
Adawlut to dispense with futwa from their law officer.
t See Sec. vii. Reg. IV. 1822, which applies this rule to cases of insanity stated in futwa,
but not concurred in by the Nizamut Adawlut.
3 H 2
quitted by the futwa
of the law officer, and
the judge of circtoV
shall be of opinion that
the proof against the
going section, as in
other referred trials.
Power vested in two
pass sentence of con-
viction and punish-
ment, in certain cases,
wa of acquittal by the
law officers of that
court.
REGULATION XVII.
419
before whom the trial may be held, on full consideration of the evidence,
and of all the circumstances of the case, shall be of opinion that the proof
against the prisoner, whether founded on his free and voluntary confession,
or on the testimony of credible witnesses, or on circumstances of strong
presumption, is sufficient to convict the prisoner of the whole, or any part
of the charge, so as to render him a proper object of punishment, the
judge shall not pass any sentence; but, as directed by the existing Regula-
tions, in all cases wherein a judge of sitting on a criminal trial may
disapprove the futwa of the law officer, shall transmit without delay the
whole of the proceedings on the commitment and trial, with the futwa of
the law officer, to the Court of Nizamut Adawlut; and shall state in a
letter to that court the specific crime or crimes which the judge may con-
sider to be established against the prisoner.
III. * On receipt of the proceedings upon trials referred to the Nizamut
Adawlut, in pursuance of the foregoing section, the Mahomedan law officers
of that court shall write their futwa thereupon, as in other trials referred
under the general Regulations.
IV. f In such cases, as well as in all trials referred to the Nizamut
Adawlut, when the futwa of one or more of the law officers of that court
may acquit a prisoner of the whole or any part of the charge preferred
against him, and two or more judges of that court, on a deliberate con-
sideration of the evidence and circumstances of the case, shall concur in
opinion that the proof against the prisoner so acquitted, whether founded
on his free and voluntary confession, or on the testimony of credible wit-
nesses, or on circumstances of strong presumption, is sufficient to convict
him of the whole, or any part of the charge, and that he is in every respect
a proper object of punishment, the judges so concurring in opinion are
hereby declared competent to convict and pass sentence of punishment
upon the prisoner, according to the nature and degree of his offence, and
the provisions applicable thereto in the laws and Regulations in force, in
like manner as if he had been declared convicted by the futwa of the law
officers.
V. If the evidence of a witness on a criminal trial before a q/
be declared by the Mahomedan law officer inadmissible, on the
ground of the witness being a police officer, or an officer of Government
of any description; or on any other ground of exception in the Mahome-
dan rules of evidence, which may appear to the judge of cfrcMzY unreason-
able and insufficient, the judge shall cause the examination of the witness
to be taken, notwithstanding the exception stated by the law officer; and
shall require the latter, on completion of the trial, to declare in his futwa
the sentence to which the prisoner would have been liable, if the evidence
of the witness or witnesses objected to had been admissible under the
provisions of the Mahomedan law. In such cases, however, if the con-
viction of the prisoner depend exclusively or principally upon the evidence
* ModiRed by Sec. vi. Reg. VI. 1832, which gives discretionary power to the Nizamut
Adawlut to dispense with futwa from their law officer.
t See Sec. vii. Reg. IV. 1822, which applies this rule to cases of insanity stated in futwa,
but not concurred in by the Nizamut Adawlut.
3 H 2
quitted by the futwa
of the law officer, and
the judge of circtoV
shall be of opinion that
the proof against the
going section, as in
other referred trials.
Power vested in two
pass sentence of con-
viction and punish-
ment, in certain cases,
wa of acquittal by the
law officers of that
court.