GOPAL SINGH Vs. STATE

JUDGEMENT

(1.) THE applicant was convicted Under Section 123 of the Jammu and Kashmir Motor Vehicles Act and sentenced to a fine of Rs. 300 by the Addl. District Magistrate at Baramulla. He moved the District Court against his conviction and sentence and having failed to obtain redress, he has come up to this Court in revision.

(2.) THE conviction was recorded and the sentence awarded in a summary trial under Chapter XX11 of the Code of Criminal Procedure. The conviction was based on the alleged admission of the applicant that he committed the offence of which he was accused and not on any evidence in the case. In his memorandum of revision, the accused person has categorically stated that he did not plead guilty in the trial court.

(3.) THE record of the summary trial is extremely brief and in column 7 of the form prescribed Under Section 263 of the Code of Criminal Procedure there is an entry that the accused pleaded guilty. But what exactly did the accused say is not recorded anywhere.