ANANT COPAL SHEOREY Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This is an appeal against the judgment and order of the High Court of Nagpur confirming the decision of the Special Magistrate disallowing the application of the appellant to give evidence as a witness under s. 342-A of the Criminal Procedure Code.

(2.) The Advocate-General of Madhya Pradesh, on 13-1-1953, filed a complaint against the appellant and three others under S. 282 of the Indian Companies Act and sections 465 and 477-A of the Indian Penal Code. The proceedings commenced in 1954 before a Magistrate but on 18-5-1955, they were transferred to a Special Magistrate who commenced the recording of evidence on 4-7-1955. On August 12, 1955, the Criminal Procedure Code (Amendment) Act (26 of 1955) received the assent of the President and came into force on 2-1-1956. In this judgment it will be referred to as the Amending Act and the Code of Criminal Procedure as the Code. On 14-1-1956, the appellant made an application to the Magistrate claiming the right to appear as a witness on his own behalf under S. 342A of the amended Code "in disproof of the charges made against him". His application was dismissed and so was his revision to the High Court of Nagpur which held :

(3.) According to the provisions of the unamended Code an accused person could not appear as a witness in his defence although for the purpose of enabling him to explain circumstances appearing in the evidence against him the Court could put such question as it considered necessary. Section 118 of the Evidence Act deals with persons who are competent to testify as witnesses but in view of S. 342 of the unamended Code no accused person could appear as a witness and therefore S. 118 was inapplicable to such persons. Article 20(3) of the Constitution provides that no person accused of an offence shall be compelled to be a witness against himself and S. 342A was inserted into the Code by S. 61 of the amending Act. It provides :