Law: Penal Code (XLV of 1860)

Section: 337-D

Law: Criminal Procedure Code (V of 1898)

Section: 221,225,243,412,439,537(b)

(a) Penal Code (XLV of 1860)---   ----S. 337-D---Criminal Procedure Code (V of 1898), Ss.221, 225, 243, 412, 439 537(b)---Appreciation of evidence---Omission or defect in the charge---Accused, having pleaded guilty, Judicial Magistrate convicted him under S.337-D, P.P.C. and sentenced him accordingly--¬Charge against accused had not been framed in accordance with provisions of S.221, Cr.P.C. and basic ingredients of S.337-D, P.P.C. were also missing in the case---Any omission or defect in charge, normally was not sufficient to vitiate the trial but when a person was convicted on plea of guilt, then contents of charge were to be construed strictly---If any defect was found in the charge, conviction order was liable to be set aside because prejudice would be a natural result of such defect or omission---Person could not be convicted under S.243, Cr.P.C. on admission of facts from which a fact essential to constitute offence was missing, nor prosecution could urge that such omission was curable under Ss.225 537(b), Cr.P.C. because accused pleaded not to a section of law, but to facts which purported to disclose an offence under said section---Basic ingredient of offence punishable under S.337-D, P.P.C. being missing in the charge to which accused pleaded guilty, conviction of accused was illegal and liable to be set aside---Powers of High Court were wide enough to consider legality of conviction by exercising its jurisdiction under S.439, Cr.P.C.---High Court while exercising its power in revisional jurisdiction, was competent to interfere in of Appellate Court, no matter whether appeal had been decided by Appellate Court on merits or dismissed being not maintainable more particularly when it came to conclusion that illegality or irregularity had been committed by Trial Court while reaching to a conclusion---Charge against accused being defective and accused having been misled by same, conviction based on plea of guilt in consequence of said charge, was not sustainable---High Court converting appeal into revision, set aside conviction of accused and remanded case to Judicial Magistrate for fresh trial from the stage of charge.   Kevishan Chandra v.…

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