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2017 (10) TMI 1654 - SC - Indian LawsIssues involved: Conviction u/s 252 of CrPC and u/s 9(1) of A.P. Gaming Act, validity of conviction, compliance with Section 243 of CrPC. The Appellant was convicted u/s 252 of CrPC and u/s 9(1) of the A.P. Gaming Act for conducting matka near a specified location. The Principal Sessions Judge set aside the imprisonment but upheld the conviction, imposing a fine. The High Court rejected the revision, leading to the appeal before the Supreme Court. The main contention raised was the validity of the conviction due to the way it was recorded. The Appellant's counsel argued that the conviction was not in accordance with the law, specifically mentioning a violation of Section 243 of the CrPC. The Additional Judicial Magistrate had not recorded the exact words used by the Appellant during the plea. The Appellant's counsel relied on a previous judgment by the Supreme Court which emphasized the importance of recording the admission of the accused "as nearly as possible in the words used by him," as mandated by Section 243 of the CrPC. The Court held that strict compliance with this section is crucial as it ensures the proper administration of justice and safeguards the right of appeal for the accused. Failure to adhere to this requirement renders the conviction legally invalid. In light of the non-compliance with Section 243 of the CrPC, the Supreme Court concluded that the conviction of the Appellant was not sustainable. Therefore, the Court set aside the conviction and disposed of the appeal accordingly.
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