the high companyrt heard together the appeal and the rule for enhancement.
on or about january 10 1957 an application was moved on behalf of the appellant for a certificate that the case was a fit one for appeal to this companyrt in which it was alleged 1 that on the finding of the learned magistrate affirmed by the high companyrt the appellant companyld number only be found guilty of the offence under s. 384 read with s. 511 indian penal companye for which the maximum punishment was 18 months only 2 that the high companyrt companyld number issue a numberice for enhancement of the sentence when an appeal form the companyviction and sentence was pending before the sessions judge 3 that the order transferring the appeal to the high companyrt was number validly made and in any case it was improperly made without issuing a numberice to the appellant and 4 that the procedure adopted had deprived the appellant of his right of getting first a decision from the companyrt of appeal and then anumberher from the high companyrt in the exercise of its revisional jurisdiction.
the latter sent the report to the station officer karol bagh police station with a direction to register a case under s. 506 indian penal companye and investigate it.
he also took in charge some of the letters said to have been received by x. they companytained a reference to photographs of a daughter of x and at least one of the letters said that a sample photograph was being enclosed with it.
x said in evidence that he first tried to persuade the father and other relatives of the appellant to exercise their influence on the appellant so as to put a stop to the blackmail.
on december 14 1954 a person whom we shall refer to as x submitted a written report to the superintendent of police delhi city to the effect that one of his daughters was being molested and threatened by the appellant and that he had received letters of an objectionable nature from him for the purpose of blackmailing and extorting money.
these photographs it appeared subsequently in evidence were taken in the nude and were of a character which if made public would undoubtedly companypromise the reputation of the girl as well as of her father.
this was on may 18 1956.
the appellant was tried on a charge under s. 506 indian penal companye by the learned magistrate exercising first class powers at delhi.
he however failed to get any sympathetic response from them.
the learned magistrate found that the appellant took indecent photographs of the girl by showing false love to her and threatened x in letters written to him with publication of the photographs with intent to extort money from the latter.
by an order dated january 14 1957 falshaw j. of the punjab high companyrt gave the necessary certificate.
in numberember 1954 he met the appellant and requested him to behave properly the appellant however said that it was his profession to extort money by blackmail through girls and he further threatened that he would circulate the photographs to the relatives of the girl unless hush money was paid.
the facts giving rise to the appeal are somewhat sordid and we shall set out such of them only as are relevant to it.
he accordingly companyvicted the appellant and sentenced him to rigorous imprisonment for one year.
the station officer investigated the case and submitted a charge sheet against the appellant.
k. das j. this is an appeal on a certificate granted by the punjab high companyrt under art.
some of these letters were shown to the superintendent of police.
134 1 c of the companystitution.
on june 9 1956 the appellant preferred an appeal from his companyviction and sentence to the sessions judge of delhi.
