Jayanti Luxman vs State of Gujarat

V.B. Raju, J.—The charge was read over to the appellant and he pleaded not guilty. After some evidence was recorded he told the Magistrate that he was guilty. The learned Magistrate, thereupon, accepted the plea of guilty and convicted him thereupon without discussing the evidence. The stage of convicting an accused person on his plea of guilty comes when the charge is read over to the accused. If at that stage, the accused pleads not guilty, the learned Magistrate cannot convict him without recording evidence and without appreciating evidence which is recorded in the present case, the learned Magistrate was not right in accepting the plea of guilty at a subsequent stage. The accused person pleads to the charge, when the charge was read over he having pleaded not guilty, there is no case of further plea of the accused.

Even on the evidence recorded, the complainant does not say that the milometre is of his scooter and there is no evidence to show that the milometre produced to the court, was found in possession of the accused.

The learned Government Pleader, however, contends that in a case where the accused pleads guilty, there is no appeal except on the question of sentence and he relies on Section 412 of the Criminal Procedure Code. But, as already observed, above, the accused in this case has not pleaded guilty to the charge and what he says subsequently does not amount to a plea u/s 412 of the Criminal Procedure Code. The conviction and sentence of the appellant u/s 379, Indian Penal code, are, therefore, set aside.