Genu Gopal And Anr. vs Emperor on 8 July, 1929
In his letter of reference the learned Sessions Judge has cited the cases of Fernandez v. Emperor 59 Ind. Cas. 129 : 45 B. 672 : 22 Bom.
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G.S. Fernandez vs Emperor on 24 August, 1920
Gulabjap vs Emperor on 21 September, 1921
11. I concur in the order proposed. As regards the applicability of Section 342 of the Criminal Procedure Code to the trial of summons cases by Presidensy Magistrates and the effect of not examining an accused person as required by that section in such cases, I have nothing to add to what I have stated in my judgment in Fernandez v. Emperor 59 Ind. Cas. 129 : 22 Bom. L.R. 1040 : 45 B. 672 : 22 Cr. L.J. 17, The section applies to such trials, and it is obligatory upon the Presidensy Magistrates to examine the accused after the evidence for the prosecution is finished, with a view to enable him to explain the evidence against him.
Tilak Gope And Ors. vs Bhaya Ram on 16 February, 1921
The matter has also been considered in the case of Fernandez v. Emperor 59 Ind. Cas. 129 : 22 Bom. L.R. 1040 : 22 Cr. L.J. 17 : 45 B. 672.
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