Back
GITA GOPI
MOHAMMAD ASIF ABDUL GANI MEMON – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
GITA GOPI, J.
1. Rule. Learned APP for the respondent no. 1 State and learned advocate Mr. Rahul Sharma for respondent no. 2 waives service of notice of Rule on behalf of respective parties. By consent, Rule is fixed forthwith.
2. The revisionist is challenging the order passed below Exh.154 dated 06.06.2024 under section 319 of Code of Criminal Procedure (for short ‘Cr.P.C.’) moved by him as an accused in Sessions Case No. 31 of 2021 in connection with C.R. No. 11216011200075 of 2020, registered on 24.03.2020 for the offence punishable under sections 304A and 279 of Indian Penal Code and sections 177, 184 and 134(b) of Motor Vehicle Act, and thereafter revisionist was chargesheeted under sections 302 and 201 of IPC. The relief prayed was to join the witness who had depose during the trial to be joined as co-accused. Vide order dated 06.06.2024, the prayer was rejected.
3. Mr. A.S. Timbalia, learned advocate for the applicant proposes not to invite any reasons after this Court discloses its mind, but for the purpose of clarity and when the issue raised is of vital importance, this Court considers to deliberate on provisions of law.
4. Advocate Mr. Timbalia submitted that inve
The court clarified that evidence for summoning additional accused under Section 319 Cr.P.C. can include statements made during examination-in-chief, and witnesses are protected from self-incriminati....
(1) Immunity against self-incrimination Qualified privilege under proviso to Section 132 of Evidence Act does not grant complete immunity from prosecution to a person who has deposed as a witness and....
(1) Status attained by a person upon being granted pardon, is conditional and the moment such condition is breached, as certified by Prosecutor, protection provided to such person will be taken away ....
Point of law: Law has provided a measure to the prosecution to meet a contingency where the assistance of one or more of the accused is necessitated for ensuring a successful prosecution, and that is....
A witness cannot be arraigned as an accused based solely on their testimony without compelling evidence, as it violates protections against self-incrimination.
Court under revisional jurisdiction cannot substitute its own views particularly when there was ample evidence available on record before the court below in exercising the jurisdiction as conferred u....
The status of an approver in a related criminal case can preclude implication in a separate case under the Prevention of Money Laundering Act.
The court emphasized that a prospective accused can only be summoned under Section 319 Cr.P.C. if strong and cogent evidence emerges, not merely based on allegations or inconsistencies in witness sta....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
