AIR 1980 MADRAS 260 ::1980 Cri LJ (NOC) 155 ::1980 MadLW (Cri) 187 ::1980 TLNJ 162 ::(1980) ILR 3 MAD 245 ::(1980) Mad LW 187

Madras High Court

Hon'ble Judge(s): Paul, Natarajan, Ratnavel Pandian , JJJ

(A) Criminal P.C. (2 of 1974) , S.255(1), S.242, S.254— Acquittal of accused under, only on ground of non-production of evidence by prosecution - Not permissible. 1961(2) Cri LJ 92(1) (Ker); 1966 All LJ 342; AIR 1960 Cal 263 and 1961(2) Cri LJ 331 (All). No longer good law in view of amendment. No doubt there is no specific provision in either the relevant Sections of Chapter XIX which deal with the trial of warrant cases instituted on the police reports by Magistrates or Chap. XX relating to the trial of summons cases instituted on police report, for acquitting the accused on the ground that the prosecution had not produced its evidence, Nevertheless provisions have been made in the Code, for summons to be issued to the witnesses on the application of the prosecution and a duty is also cast on the prosecution to produce all its evidence. Thus there is a duty cast on the court on an application by the prosecution to issue summons to the witnesses and secure the presence of witnesses by exercising all the powers conferred it by the Code for that purpose and duty is also cast on the prosecution to produce all its evidence and to seek the assistance of the court for so doing by applying to the court for the issue of summons to the witnesses. Therefore an acquittal of the accused merely on the ground that the prosecution had not produced the witne....