High CourtsDivision Bench(1935) 04 MAD CK 0013

Emperor vs Rangammal and Another

Madras High Court · Decided on 25 April 1935 · Citation: AIR 1935 Mad 913

HON’BLE JUDGES
Burn, J

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Judgment

9 paragraphs · 221 words

Burn, J.—In all the material parts, the wording of Section 82(c), Eegistration Act, is identical with that of Section 205, I.P.C. So long ago as

1867 it was held by Scotland, C.J. and Collett, J., in Kadar Ravuttan v. Ayangana Ravuttan (1868) 4 MHCR 18 u/s 205, I.P.C., that it was not

enough to prove merely the assumption of a fictitious name. It is essential to prove further that the as : sumed name was used as a means of falsely

representing another individual. I am bound by this decision and I follow it, the more willingly because with due respect I think it is undoubtedly

right. The wording of Section 82(c), Registration Act, is ""whoever falsely personates another...."" This is quite a different matter from saying

whoever falsely assumes a fictitious name."" In the present case so far as is known to the prosecution, there is no such person as Valliammal, and

all that the accused is proved to have done is that she assumed the name Valli Ammal. Since there is no such person as Valli Ammal, the accused

has not personated Valli Ammal. This view has been taken by a Bench of this Court in Criminal Appeal No. 1930 of 1922 (Ratnam Pillai,

appellant), another decision, which in terms is binding on me. The petition is accordingly dismissed.