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Surendra Lal Shaha Vs. Isamaddi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported inAIR1925Cal480,(1924)ILR51Cal933,84Ind.Cas.325
AppellantSurendra Lal Shaha
Respondentisamaddi
Excerpt:
accused - examination of accused after close of the defence--legality of conviction--criminal procedure code (act v of 1898) section 342. - greaves and duval, jj.1. we make the rule absolute on the ground on which it was granted, namely, that there was no examination of the accused in accordance with the provisions of section 342 of the code of criminal procedure. this examination must take place at the close of the prosecution case and before the accused have entered on their defence and it is no compliance with the section if the examination takes place at a later stage.2. the result is that the conviction and sentence are set aside, and the trial must be taken up from the close of the prosecution case and the accused must be examined in accordance with the provisions of section 342 before they have entered on their defence.
Judgment:

Greaves and Duval, JJ.

1. We make the Rule absolute on the ground on which it was granted, namely, that there was no examination of the accused in accordance With the provisions of Section 342 of the Code of Criminal procedure. This examination must take place at the close of the prosecution case and before the accused have entered on their defence and it is no compliance with the section if the examination takes place at a later stage.

2. The result is that the conviction and sentence are set aside, and the trial must be taken up from the close of the prosecution case and the accused must be examined in accordance with the provisions of Section 342 before they have entered on their defence.


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