R. v. Dani s/o Timoth, Crim. Rev. 56-M-68, 1/10/68, Mustafa J.

 

R. v. Dani s/o Timoth, Crim. Rev. 56-M-68, 1/10/68, Mustafa J.

Accused was charged with assault causing actual bodily harm. After his plea was taken and before the trial commenced, the trial magistrate ordered accused to be medically examined and on the basis of the medical report found him to be of unsound mind and ordered him detained as a criminal Lunatic.

            Held: S. 164(1), Criminal Procedure Code, as amended by Act. 1966 No, 35, provides that if the court has reason to believe that the accused is of unsound mind, it shall call upon the prosecution to adduce evidence in support of the charge before enquiring into the issue of whether the accused unsoundness of mind shall proceed only if the court finds that a case has been made out against accused. Trial magistrate’s order set aside and case returned to the trial court for the taking of the prosecution’s evidence.