RONALD WOOD MATHAMS versus STATE OF WEST BENGAL.
Conviction cannot be sustained when the trial court, for no fault of the accused, failed to provide reasonable opportunity for the accused to adduce material defence evidence as required by s.257 of the Criminal Procedure Code.
Source-derived case information.
- Parties
- Appellant: Ronald Wood Mathams; Appellant: S. K. Dutt; Appellant: J. K. Bose; Appellant: P. C. Ghose; Respondent: State of West Bengal
- Jurisdiction
- India
- Judgment Date
- 22 April 1954
- Procedural Posture
- Criminal Appeal / Appeal on Remand After Previous Decisions at Tribunal, High Court, Federal Court, and Privy Council
- Outcome
- Appeal allowed; appellants acquitted
- Legal Topics
- Fair Trial, Opportunity to Adduce Defence Evidence, Code of Criminal Procedure S.257, Conviction and Acquittal Procedures
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Wood Mathams
Appellant
S. K. Dutt
Appellant
J. K. Bose
Appellant
P. C. Ghose
Appellant
State of West Bengal
Respondent
Procedural Posture
Criminal Appeal / Appeal on Remand After Previous Decisions at Tribunal, High Court, Federal Court, and Privy Council
Legal Issues
- 1 Whether refusal to allow accused opportunity to summon witnesses vitiates the trial under s.257 of Criminal Procedure Code
- 2 Whether conviction based solely on prosecution evidence is valid when defence opportunity denied
Ratio Decidendi
Conviction cannot be sustained when the trial court, for no fault of the accused, failed to provide reasonable opportunity for the accused to adduce material defence evidence as required by s.257 of the Criminal Procedure Code.
Court Disposition
Appeal allowed; appellants acquitted
Orders
- Conviction of S. K. Dutt, J. K. Bose, P. C. Ghose, and Ronald Wood Mathams set aside
- Appellants acquitted
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