Murugasu vs Arumogam – clr volume 2 page 079_1

In Murugasu v. Arumogam, the court examined whether the offence of cheating under section 372 of the Criminal Procedure Code was established. It was determined that the conviction was unsustainable as the essential elements of cheating were not proven; specifically, no evidence supported inducement by false representation or intent to deceive. The judgment emphasized the necessity for clear specification of offences in judgments to safeguard procedural rights concerning future pleas of previous conviction or acquittal. Reference was made to the statutory requirement under section 372, reiterating that non-compliance affects the procedural integrity and fairness of criminal proceedings.

Withers J. — The findings established that the conviction against the accused must be set aside, as the