BIBHUTI BHUSAN DAS GUPTA AND ANR. vs STATE OF WEST BENGAL

The Supreme Court held that under Section 342 of the Code of Criminal Procedure, the privilege of making a statement is personal to the accused, and only the accused can be examined under this section, not a pleader. The Court ruled that the non-examination of the accused does not automatically vitiate the trial unless it results in a failure of justice, as per Section 537. The conviction was upheld as no prejudice was established due to the absence of the accused's examination.