Certified copy required for criminal appeal memorandum; a plain copy does not satisfy the statutory filing requirement.

Section 419 of the Code of Criminal Procedure, 1898 was construed to require that a memorandum of appeal be accompanied by a certified copy of the judgment or order appealed against, not a plain copy. The provision was read with the statutory scheme on judgments, supply of copies, limitation, and appellate scrutiny, which indicated that the appellate court must receive an authentic official document for admission, rejection, and related orders. The construction was also supported by the Indian Evidence Act treatment of judgments as public documents and the rule that certified copies are admissible secondary evidence of such documents. On that basis, filing a plain copy did not satisfy the requirement, and the appeal was incompetent as time-barred.

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Issues: Whether, for an appeal under Section 419 of the Code of Criminal Procedure, 1898, the memorandum of appeal must be accompanied by a certified copy of the judgment or order appealed against, or whether a plain copy is sufficient.

Analysis: The requirement of a "copy" in Section 419 was read in the light of the scheme of the criminal procedure provisions governing judgments, copies supplied to accused persons and the State, and the computation of limitation. The context showed that the copy was meant to be used by the appellate court for summary scrutiny, admission, rejection, and interlocutory orders, all of which require an authentic document. A certified copy also harmonises with the provisions of the Indian Evidence Act treating judgments as public documents and with the rule that certified copies are the admissible secondary evidence of such public documents. The surrounding statutory setting and the need for certainty in computing limitation supported the construction that the copy filed must be an official, certified copy rather than an unofficial transcription.

Conclusion: Section 419 required a certified copy of the judgment or order, and the filing of a plain copy did not satisfy the statutory requirement. The appeal was therefore incompetent as time-barred.

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