Honble SHARMA, J.–Heard counsel for the parties and perused the impugned order.

(2). The accused petitioner filed an application under Section 315 Cr.P.C. before the Trial Court praying therein that he may be permitted to examine himself as a witness in his defence. The learned Magistrate vide its impugned order dismissed the petitioners application on the ground that the matter is already fixed for judgment and that accused himself is not present.

(3). Section 315 Cr.P.C. entitles an accused to make an application for getting himself examined as a witness in his defence and to give evidence on oath in disproof of the charge made against him. Thus an accused has a right to give evidence on oath in disproof of the charge. I fail to see why the Trial Court declined the prayer of the accused petitioner to give evidence on oath, only on the ground that case was fixed for judgment. Section 315 Cr.P.C. does not create any bar to make such a request at a particular stage of the case. In my view, if the petitioner is permitted to appear as a witness and give his evidence on oath as a witness in his defence would not cause any prejudice to the complainant, inasmuch as the complainant would ge

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