SANTOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) Is it open to an accused to withdraw his claim to be tried and plead guilty in the course of the trial? That is the question involved in this case.

(2.) The petitioner is the accused in S.T. 2722/1998 on the file of the Judicial First Class Magistrate Court, Adoor. He is alleged to have committed the offences punishable under 5. 289 IPC and 5. 185 of the Motor Vehicles Act. When the charge was read over and explained to the petitioner, he pleaded not guilty. Thereupon the learned Magistrate posted the case for trial. Thereafter the petitioner moved an application before the lower court requesting the court to read over the charge once again in order to enable him to plead guilty. The learned Magistrate by the impugned order dismissed the petition.

(3.) The learned counsel for the petitioner strongly contended that an accused is entitled to withdraw his claim to be tried and plead guilty at any stage of the trial. She further contended that there is nothing in the Cr.P.C. to prevent the court from recording the plea of guilty and convict the accused if the plea is found to be voluntary.