Moti Lal vs Emperor - 1935 Supreme(All) 204

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1935 Supreme(All) 204

KENDALL
Moti Lal – Appellant
Versus
Emperor – Respondent

ORDER

Kendall, J. - The applicant Moti Lal has been convicted of an offence u/s 180, Penal Code, read with Section 480, Criminal P.C. for refusing to sign, his statement recorded in the course of a criminal proceeding against him. The facts are given in the order of the appellate Court. The present application is made on the ground that the Court was not legally competent to require that he should sign the statement. It appears that the applicant had already made a statement which was referred to as the statement u/s 364, Criminal P.C. and that on a subsequent date after there had been some further cross-examination of the witnesses the Court put further questions to him which, he refused to answer and then refused to sign this later statement. It is argued that on the second occasion, when in fact there was no statement by the accused there was no obligation on him to sign the record, and that he was protected by Sub-section (2), Section 342, Criminal P.C. which is to the following effect:

The accused shall not render himself liable to punishment by refusing to answer such questions or by giving false answers to them, but the Court and the jury, if any, may draw such inference from

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