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1924 Supreme(Cal) 685
CALCUTTA HIGH COURT
Budhu Koiri - Appellant
Versus
King Emperor - Respondent
Decided On : 26-06-1924
Conviction without evidence is not justified
Headnote:
Conviction - Evidence - Court doctor report
Fact of the Case:
The accused pleaded not guilty but was convicted based solely on the report of the Court doctor without any evidence being taken.
Finding of the Court:
The court found that the conviction and sentence passed on the petitioner were not justified as the accused was convicted without any evidence being taken.
Issues: Conviction based solely on the report of the Court doctor without taking any evidence
Ratio Decidendi: Conviction without evidence is not justified
Final Decision: The conviction and sentence passed on the petitioner are set aside and the fine, if paid, will be refunded.
JUDGMENT
1. This Rule must be made absolute. The learned Additional Presidency Magistrate, after the accused hag-pleaded not guilty, was not justified in convicting him on the report of the Court doctor without taking any evidence. The conviction and sentence passed on the petitioner are set aside and the fine, if paid, will be refunded.
