High CourtsSingle Bench(1935) 04 MAD CK 0006

The Crown Prosecutor vs Rengammal and Another

Madras High Court · Decided on 25 April 1935 · Citation: 159 Ind. Cas. 155 : (1935) 42 LW 662

HON’BLE JUDGES
Burn, J

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Judgment

10 paragraphs · 227 words

Burn, J.—In allhte material parts, the wording of Section 82(c), of theIndian Registration Act is identical with that of Sectio 205 of the Indian

Penal Code. So long ago as 1867 it was held by Scotland, C.J., and collet, J., p. 18 (sic), in a case khaddar Rauvuthan and Ayyangava Ravuthan

4 M.H.C.R. 18 u/s 205, Indian Penal Code, that it was not enough to prove merely the assumption of a fictitious name. It is essential to prove

further that the assumed 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) of the Registration Act is ""whoever falsely

personates another...."". This is quite a different matter from saying ""whoever falsely assumes a fictitious name.

2.

In the present case so far as is known to the prosecution there is no such personas Valli Ammal, and all that the accused is prove to have done

is that she assumed the name Valli Ammal. Since there is no such person as Valli Ammal. This view has been taken by a Bench of this Court in

Criminal Appeal No. 930 of 1922 (Ratnam Pillai, appellant) another decision which in terms is binding on me.

3.

The petition is accordingly dismissed.