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1953 Supreme(Cal) 176

GUHA RAY, DEBABRATA MOOKHERJEE
ANIL KUMAR BISWAS – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.C.ROY, N.K.Sen, Sunil Mukherji

GUHA RAY, J.

( 1 ) THIS is an application by Anil Kumar Biswas for a copy of judgment of acquittal passed by this Court in exercise of its criminal revisional jurisdiction. The applicant was convicted under Section 409, I. P. C. and his conviction was upheld on appeal. On revision however that conviction was set aside and the applicant was acquitted.

( 2 ) THE matter was argued at some length before us on behalf of the applicant by Mr. Ray and on behalf of the State by Mr. Sen. Thres cases of this Court were referred to in the office note. The earliest was -- 'govt. Appeal No. 4 of 1922 (Cal)' (A) and Greaves and Panton JJ. passed the following order:"under the provisions of Section 371 of the Code of Criminal Procedure the accused is entitled to the copy free of cost. "no reasons whatever were assigned nor was any attempt made to explain what Section 371, Cr. P. C. really meant.

( 3 ) THE next case was -- 'misc. Case No. 184 of 1952 (B)', but this, however, does not relate to the grant of a copy of a judgment of this Court on appeal or revision. A reference was made by the Sessions Judge of Coorh Behar as to whether the accused was entitled to a copy of a judgment on appeal pas















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