THE UNTOUCHABLES AND THE PAX BRITANNICA 125
Court of Circuit to the Nizamut Adawlut, and it shall have been either wholly confirmed, or directed to be enforced under such mitigation as to the expulsion from the province, or to the forfeiture of the right or claim of the prisoner or prisoners to the property for which he or they sat dhurna, as to the said court shall seem proper.
Court of Circuit how to proceed in case all the legal requisites to constitute dhurna shaft not be found, although the offence was substantially committed
XII. In the event of the vyuvustha which the pundit is required to deliver in Section II, not stating me circumstances sworn to in the evidence to amount to the offence of dhurna, and the Court of Circuit shall nevertheless be of opinion, from the evidence before them that the prisoner did in fact commit dhurna, according to the common construction and ‘received meaning of the term, although the act may not have been attended with all the circumstances that may be legally required to constitute dhurna, according to the description of it in the books of the Hindoos ; the said court is, under such circumstances, (as directed by the order of the Governor General in Council, under date the 7th of November 1794) to take from the prisoner or prisoners, a moochulka or engagement, conditioning that if such prisoner or prisoners shall again sit dhurna on any one, or perform any act of a nature similar to dhurna as shall, on their being prosecuted before the Court of Circuit, be deemed by the judges of the said court present at the trial, or the majority of them, equivalent or tantamount to dhurna, the said prisoner or prisoners shall respectively for such second offence, suffer the full penalty of dhurna, as provided for by the order of the Governor General in Council, by being expelled from the province, and by being made to forfeit all right and tide to the claim in question.
How Rajkoomars are to be tried for leaving or causing their female infants to perish for want of nourishment
XIII. In the month of December 1789, the tribe of Rajkoomars having bound themselves to discontinue the practice of causing their female infants to be starved to death ; it is now accordingly ordained, that from the establishment and opening of the city and Zillah courts and of the Court of Circuit in Benares, if any Rajkoomar shall designedly prove the cause of the death of his female child, by prohibiting its receiving nourishment, as set forth in the preamble to this regulation, or in any other manner, the magistrate, on receiving information thereof upon oath, or such other information or proof as he shall deem sufficient to render the charge highly probable, shall cause such Rajkoomar to be apprehended in the manner prescribed, and make die enquiry ordered, in Section 5, Regulation IX, 1793 ; when if it shall appear to the magistrate that the crime has been actually committed, and that there are grounds for suspecting the prisoner to have been concerned in the perpetration of it, the magistrate shall cause