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Judgment
We cannot agree with the view taken by the Sessions Judge. The preamble and Sections 4, 5 and 68 of the present Act XV of 1872 are almost
identical with the preamble and Sections 4, 5 and 56 of Act V of 1865.
Section 68, as amended by Section 6, Act II of 1891, makes punishable the solemnization of a marriage between persons of whom one is a
Christian, unless the person solemnizing such marriage has been authorized for that purpose u/s 5. It is conceded that the third accused was not
authorized u/s 5, and hence the case is exactly similar to that in Proceedings of the Madras High Court, dated 21st March, 1871 6 M.H.C.R App.
20 and the accused are, prima facie, liable to punishment.
We are told that this application has been made by Government merely to obtain an au s not pressed for, having regard to the length of time
which has elapsed.
We, therefore, do not think it necessary to pass any further order.