When a man first falls into an offence his immediate instinct is to
confess to somebody. That is true of all the world. In Burma at the
beginning he used to confess to the Court. He was sorry for his
offence, he wanted to make the best of it, wanted help to reform. He
wanted understanding. He thought the Court wanted to know the truth
and he would do all he could to help. But he very soon found the
uselessness of this. He got no understanding, no sympathy, only
conviction and a vindictive punishment. Naturally he reflected, and
pleaders and people who knew the Courts helped him to reflect.
"Fight it out. At worst you can but lose and be no worse off than if
you confessed. Why tell the truth? _No one expects you to_. If you
have confessed withdraw your confession. Say you were tortured. A
trial is a fight, with the judge as umpire. Do your best. Remember
that, even if your offence be a very small one, if it is a cognisable
offence you will be ruined for life if convicted." That is the advice
he gets. Who will doubt but that, our Courts being what they are, it
is sound as a rule? So, because it is a fight he won't confess; he
plays for the big stake--acquittal; and sometimes this acts
disastrously too. I will tell a case in point--one I tried myself.
A man was accused of maiming a bullock. It had trespassed into his
Indian-corn field, and had been found there afterwards hamstrung, and
had to be destroyed. It was proved that accused was in the field when
the bullock wandered in. It was also proved that accused's chopper was
found close to the maimed bullock, covered with blood. Accused had run
away and had only been arrested some days later.
Now the malicious maiming of a valuable bullock is a serious offence.
Its seriousness partly depends on the value of the animal. The case
was quite clearly proved though no one actually saw the offence
committed. The defence of the accused was a futile _alibi_. He had a
pleader who arranged this. The evidence for the prosecution seemed
quite clear, and I did not see how I could avoid convicting the man of
the grave offence. Yet somehow I was not quite happy in my mind. I
believed the prosecution was substantially true, but that they had been
piling it on a good deal. So before adjourning the case till next day
to give me time to write the judgment, I said to the accused:
"I don't believe your _alibi_. You can see for yourself it has no
sense. But maybe if you told me your side of the story it might not
look so bad for you as it does now."
He looked at me, hesitated, looked at his pleader, then all of a sudden
he did bring the whole story out.
And as he told it, though it did not in any way invalidate the evidence
for the prosecution, it did put the matter in quite a new light.
Public-domain text, read in full here on John Shaqi.
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