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1 - 3 of 3 (0.16 seconds)Major Robert Stuart Wauchope vs Emperor on 24 August, 1933
4. In my opinion there is no force in any of the contentions advanced on behalf of the applicant. Before considering the facts of the case, it seems to me necessary to make it clear what the prosecution has to prove in a case of this type. There can be no quarrel with the, general proposition laid down in the decision of the Calcutta High Court reported in - AIR 1933 Cal 800 (A) and referred to by learned Counsel for the applicant, that in a case of criminal misappropriation the prosecution must prove dishonest misappropriation and that in a criminal case the onus of proving the general issue never shifts and it lies upon the prosecution to prove by relevant evidence and beyond reasonable doubt the guilt of the accused.
The Code of Criminal Procedure, 1973
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