Supreme Court · 1968 INSC 128 · Decided 30 April 1968
Baidya Nath Prasad Srivastava v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1968 INSC 128 · [1969] 1 S.C.R. 172
- Case number
- CRIMINAL APPEAL No. 47/1966
- Decided
- 30 April 1968
- Bench
- V. RAMASWAMI, G.K. MITTER, C.A. VAIDYIALINGAM (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 109; CrPC Section 342A
Headnote
8 Evidence-Failure of accused to produu evidence in support of his plea cannot be 1nade basis of conviction-It is for prosecution to prove its case. Code of Criminal Procedure, s. 342A-Failure of accu:nd to examine himself--Court must 1101 co1nnten1 on it. The appellant was a Mukhtear practising persons on applications fer loans under the Agriculturists Loan Act, 1884. It was found that the applications had been made under false names and the appellant along with other accused was tried for an offence under s. 467 read with s. 109 l.P .C. The appellant's plea was that he had made the
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