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Ramasami Mudaliar Vs. Ramalinga Udayar and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1930Mad448a
AppellantRamasami Mudaliar
RespondentRamalinga Udayar and anr.
Excerpt:
- - when the accused leads evidence of good character by way of defence, the prosecution may as a matter of right claim to' lead rebutting evidence. 2. the reason for this rule is probably that it is only in rare cases that general evidence of good character is of much avail; especially as till the contrary is proved an accused person is always presumed to be of good character......whether in a warrant case tried under chap, 21, criminal p.c. when the accused leads evidence of good character by way of defence, the prosecution may as a matter of right claim to' lead rebutting evidence. the learned magistrate is right in holding that the criminal procedure code gives the prosecution no such privilege. if the magistrate in his discretion thinks such evidence essential to the just decision of the case he may summon it, but the prosecution cannot insist upon his doing so.2. the reason for this rule is probably that it is only in rare cases that general evidence of good character is of much avail; especially as till the contrary is proved an accused person is always presumed to be of good character. therefore, to make character a substantial issue in an ordinary case.....
Judgment:
ORDER

Jackson, J.

1. The question raised in this petition is whether in a warrant case tried under Chap, 21, Criminal P.C. when the accused leads evidence of good character by way of defence, the prosecution may as a matter of right claim to' lead rebutting evidence. The learned Magistrate is right in holding that the Criminal Procedure Code gives the prosecution no such privilege. If the Magistrate in his discretion thinks such evidence essential to the just decision of the case he may summon it, but the prosecution cannot insist upon his doing so.

2. The reason for this rule is probably that it is only in rare cases that general evidence of good character is of much avail; especially as till the contrary is proved an accused person is always presumed to be of good character. Therefore, to make character a substantial issue in an ordinary case would be waste of time. Anyhow the law of procedure is clear, and there is no ground for this petition. The petition is dismissed.


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