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    <title>1923 (8) TMI 2 - ALLAHABAD HIGH COURT</title>
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    <description>Conviction under Section 328 IPC was examined on the basis of intention and knowledge in relation to the administration of dhatura. The evidence showed that the accused procured and distributed the peras through an intermediary, and medical evidence linked the consumers&#039; symptoms to dhatura poisoning. The act did not satisfy the first limb of Section 328 because there was no finding of an intention to cause hurt, nor the second limb because inducing the girl to love him was not an intention to commit or facilitate an offence. However, dhatura was treated as a poisonous drug commonly known to be such, and the accused&#039;s age supported a presumption of knowledge that administering it was likely to cause hurt under Section 319 IPC. The conviction was upheld.</description>
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    <pubDate>Sat, 11 Aug 1923 00:00:00 +0530</pubDate>
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      <title>1923 (8) TMI 2 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=307165</link>
      <description>Conviction under Section 328 IPC was examined on the basis of intention and knowledge in relation to the administration of dhatura. The evidence showed that the accused procured and distributed the peras through an intermediary, and medical evidence linked the consumers&#039; symptoms to dhatura poisoning. The act did not satisfy the first limb of Section 328 because there was no finding of an intention to cause hurt, nor the second limb because inducing the girl to love him was not an intention to commit or facilitate an offence. However, dhatura was treated as a poisonous drug commonly known to be such, and the accused&#039;s age supported a presumption of knowledge that administering it was likely to cause hurt under Section 319 IPC. The conviction was upheld.</description>
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      <pubDate>Sat, 11 Aug 1923 00:00:00 +0530</pubDate>
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