Law: Criminal Procedure Code (V of 1898)

Section: 353,540-A

Criminal Procedure Code (V of 1898)--- ----Ss. 353, 540-A---Exemption from personal appearance---Scope---Application of the accused under S. 540-A, Cr.P.C., for exemption from personal appearance was dismissed by the Trial Court---Validity---Word incapability in S. 540-A, Cr.P.C., ought not be confined to physical incapability alone; for instance, absence due to employment abroad was one of the grounds which qualified as incapability to remain before the court---Presence of the accused first and foremost was for his own benefit so that he might observe all the evidence being led against him and defend himself accordingly and also for the convenience of the court which might observe his demeanour or put such questions as it might consider necessary---In the present case, nothing had been shown as to how the complainant side would be prejudiced if the accused were not present before the Trial Court during the trial---Accused had already given an undertaking through their counsel that the counsel would be present on each and every date, and in the presence of such an undertaking, it would no longer be open to the accused to claim their absence as causing any prejudice in the conduct of their trial---Trial Court’s observations that the petitioners were in the same village/vicinity as the complainants was not entirely persuasive, that it was common in rural areas for…

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