Supreme Court of India · 1955-09-27
MACHANDER, SON OF PANDURANG vs STATE OF HYDERABAD.
- Citation / case number
- SC 1955/149
- Court
- Supreme Court of India
- Petitioner
- MACHANDER, SON OF PANDURANG
- Respondent
- STATE OF HYDERABAD.
- Bench
- BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that the failure of the trial court to examine the accused under Section 342 of the Code of Criminal Procedure (Act V of 1898) constituted a significant procedural error. The Court emphasized that it is the duty of the court to question the accused clearly about the case against him, allowing him the opportunity to explain. Given this omission, the Court found the conviction unsustainable and set aside the order of conviction and sentence, highlighting the importance of ensuring justice is not delayed or the accused unduly harassed.