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1957 Supreme(All) 231

RAGHUBAR DAYAL, JAMES
RAM SWARUP – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Radha Krishna

( 1 ) THIS Revision involves the extent and implications of the fundamental right against self-incrimination embodied in Clause (3) of Article 20 of our Constitution in the words : no person accused of any offence shall be compelled to be a witness against himself". Since I propose referring the case to a Division Bench I shall give but a brief account of the facts of the case and the state of the law applicable.

( 2 ) THE facts are these. The applicant, who is an official of the Post Office of Pilibhit, was sent up for trial for the offence of embezzlement under Section 409,. P. C. , and the authorship of certain writings was one of the facts at issue. A specimen of his writing or signature was taken by the Committing Magistrate, but for some undisclosed reason was not sent for expert examination. At the trial before the Sessions Judge the Government counsel applied for sending the specimen to an expert, to which the applicant strongly objected, After hearing the parties the learned sessions Judge passed an order which was in two parts : first, that the specimen previously taken before the Magistrate be sent for expert examination; and second, that, if the State counsel so liked a










































































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