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may 1958

Supreme Court of India · 1958-05-22

ANANT GOPAL SHEOREY vs THE STATE OF BOMBAY

Citation / case number
SC 1957/60126
Court
Supreme Court of India
Petitioner
ANANT GOPAL SHEOREY
Respondent
THE STATE OF BOMBAY
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that Section 342A of the Criminal Procedure Code (Amendment) Act (26 of 1955) applies retrospectively to pending proceedings, allowing an accused to appear as a witness in their own defense. The Court found that the High Court's interpretation of Section 116 of the Amending Act was incorrect, as it did not restrict the application of the new provision to future cases only. Consequently, the Court allowed the appeal and reversed the High Court's decision, affirming the applicability of the amended procedure in the ongoing trial.

ANANT GOPAL SHEOREY vs THE STATE OF BOMBAY · Niyam