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Judgment
Jackson, J.—This case is not of much actual importance and this Court will not ordinarily interfere to set aside acquittals in petty assaults.
But it raises a point of law of some interest. Can an Appellate Court in order to test the substance of the evidence forming part of the judgment in a
case u/s 264, Criminal Procedure Code, call for such material as may exist outside the record, such as notes of evidence taken by the Presiding
Magistrate as in the present case? Considering that Section 264, Criminal Procedure Code, clearly lays down that the judgment shall be the only
record in such cases, it must be held that such additional matter cannot be called for or consulted. The Appellate Court therefore has based its
decision upon irrelevant matter; but, in the present case, there is no reason to interfere.