Roop Singh S/o Shri Deravar Singh Rathore – Appellant
Versus
State, Through P. P. – Respondent
ORDER :
1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred claiming the following reliefs:
3. Mr. Dhirendra Singh, learned Senior Advocate assisted by Ms.Priyanka Borana, appearing on behalf of the petitioner submits that earlier the investigation was conducted twice against the present petitioner, but nothing was found against him by the concerned investigating authority; however, the third time, after almost three years of the alleged incident, the petitioner has bee
A discharge application must be allowed if the prosecution's evidence, particularly confessions of co-accused, is inadmissible and no other corroborative evidence is present.
The court affirmed that at the charge framing stage, only a prima facie case is required, emphasizing that meticulous examination of evidence is not necessary.
Reliability of statements of PWs - To pronounce a verdict on reliability of statements of PWs, who have clearly in their statements linked petitioner with commission of alleged crime.
Confessions of co-accused before police are inadmissible as evidence, necessitating physical evidence for charges under narcotics laws.
Murder - Reliability of witnesses - A verdict on reliability of statements of Petitioners witnesses who have clearly in their statements linked petitioner with commission of alleged crime.
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