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PETITIONER: RONALD WOOD MATHAMS
Vs.
RESPONDENT: STATE OF WEST BENGAL(With connected Appeals)
DATE OF JUDGMENT: 22/04/1954
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA MAHAJAN, MEHAR CHAND (CJ) DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H. JAGANNADHADAS, B.
CITATION: 1954 AIR 455 1955 SCR 238 CITATOR INFO : R 1955 SC 309 (7) R 1960 SC 266 (37) R 1966 SC 220 (16) RF 1967 SC 776 (6) R 1969 SC 686 (5)
ACT: Code of Criminal Procedure, (Act V of 1898), s. 257-Absence of opportunity to produce defence evidence-Effect of-Court’s duty in this respect.
HEADNOTE: If for no fault of the accused reasonable opportunity has not been given to him to adduce his evidence under the imperative provisions of a. 257 of the Code of Criminal Procedure, 1898, there is no fair trial and the accused cannot be convicted, even though the prosecution evidence by itself may tend to establish a strong case against him. Rules of procedure designed to ensure justice must be scru- pulously observed and Courts should be jealous in seeing that there is no breach of them.
JUDGMENT: CRIMINAL APPELLATE JURISDICTION : Criminal, Appeals Nos. 9, 13, 14 and 15 of 1952. Appeal on transfer after grant of Special Leave by Privy Council on the 13th November, 1947, from the Judgment and Order dated the 14th July, 1947, of the High ...