RAMNARAYAN MOR AND ANOTHER versus STATE OF MAHARASHTRA

RAMNARAYAN MOR AND ANOTHER versus STATE OF MAHARASHTRA

In committal proceedings under s. 207A(6) CrPC, the Magistrate may examine the accused on circumstances appearing against him in both oral evidence and documents furnished under s. 173(4); 'evidence' is not restricted to oral evidence, and opportunity to explain includes documents submitted in the police report.

Parties
Appellant: Ramnarayan Mor; Appellant: Another (co-appellant); Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
16 December 1963
Procedural Posture
Criminal Appeal by Special Leave / Appeal From High Court Order in Revision
Outcome
Appeal dismissed (per majority)
Legal Topics
Interpretation of 'evidence' Under S. 207 A(6) Cr PC, Scope of Accused's Examination at Committal Stage, Distinction Between Oral Evidence and Documentary Evidence
Criminal Procedure Interpretation of 'evidence' Under S. 207 A(6) Cr PC Scope of Accused's Examination at Committal Stage Distinction Between Oral Evidence and Documentary Evidence

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Parties

Ramnarayan Mor

Appellant

Another (co-appellant)

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal by Special Leave / Appeal From High Court Order in Revision

Legal Issues

  1. 1 Whether 'evidence' in s. 207A(6) of Code of Criminal Procedure includes documents furnished under s. 173(4)
  2. 2 Jurisdiction of Magistrate to examine accused in absence of oral evidence

Ratio Decidendi

In committal proceedings under s. 207A(6) CrPC, the Magistrate may examine the accused on circumstances appearing against him in both oral evidence and documents furnished under s. 173(4); 'evidence' is not restricted to oral evidence, and opportunity to explain includes documents submitted in the police report.

Court Disposition

Appeal dismissed (per majority)

Orders

  • The appeal fails and is dismissed.