HIRA BASIYA Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Click here to view full judgement.
V. B. RAJU -
(1.) RAJU J.
(2.) THE appellant was convicted under sec. 122 (d) (e) of the Bombay Police Act. THE only proof of the previous conviction is a slip of the Director Finger Print Bureau Ahmedabad. But this is not a proper proof of conviction. A previous conviction must be proved either in the manner stated in the Evidence Act or in sec. 511 Cri. Pro. Code. This has not been done. THE prosecution can have only one chance to prove its case. This is not a case where an order of remand should be passed. It is hoped that prosecutors in charge of prosecutions will take care to follow the provisions of law regarding proof of previous convictions.
The appeal is therefore allowed and the conviction and sentence of the appellant are set aside. Appeal allowed.;
Copyright © Regent Computronics Pvt.Ltd.