Tuesday, 5 February 2019

Whether accused is entitled to get copy of judgment if he fails to remain present before court on the day of judgment?


Section 353(6) Cr.P.C. stipulates that on the date of
judgment, the accused has to be present unless on earlier occasions
his personal appearance has been dispensed with. 
Section 363(1) of  Code of Criminal Procedure provides that on being convicted,
the accused is entitled to a copy of the judgment free of cost.
Section 363(1) of Cr.P.C. entitling the accused for free copy of

the judgment has to be read harmoniously with Section 353(6). The
present petitioner having not appeared before the Court on the date
of judgment cannot as of right seek for supply of the copy of the
judgment.
S U P R E M E C O U R T O F INDIA

Petition(s) for Special Leave to Appeal (Crl.) No(s). 8935/2018

RAJESH PONNADA Vs SATYANARAYANA SRIRANGAM & 
Date : 29-01-2019 
CORAM :
 MRS. JUSTICE R. BANUMATHI
 MR. JUSTICE R. SUBHASH REDDY



O R D E R
Heard learned counsel for the parties.
Section 353(6) Cr.P.C. stipulates that on the date of
judgment, the accused has to be present unless on earlier occasions
his personal appearance has been dispensed with. Section 363(1) of
the Code of Criminal Procedure provides that on being convicted,
the accused is entitled to a copy of the judgment free of cost.
Section 363(1) of Cr.P.C. entitling the accused for free copy of

the judgment has to be read harmoniously with Section 353(6). The
present petitioner having not appeared before the Court on the date
of judgment cannot as of right seek for supply of the copy of the
judgment.
The special leave petitions are, accordingly,dismissed.
Pending application(s), if any, shall also stand disposed
of.
(MADHU BALA) (PARVEEN KUMARI PASRICHA)
COURT MASTER (SH) BRANCH OFFICER
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