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PUSHPENDRA SINGH BHATI
Vinod Dewasi, S/o Bhika Ram – Appellant
Versus
State of Rajasthan, Through P. P. – Respondent
JUDGMENT :
1. This Criminal Appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs:
Any other relief which would be deemed just and proper by this Hon’ble Court in the circumstances of the case may also passed in favor of appellant.”
2. Brief facts of the case as placed before this Court by learned counsel for the appellant are that complainant-Ratna Ram lodged a report on 12.06.2020 alleging therein that his minor daughter was kidnapped on 11.06.2020 by the present accused-appellant & an other unidentified person, while she had gone to relieve herself, in the morning, at about 6:00 a.m. Thereafter, she was taken to ‘Ramdev Colony (Pali)’, where she was subjected to forcible sexual intercourse by the accused. Upon the sai
Non-compliance of Section 273 Cr.P.C. and the rarest of rare case doctrine in heinous crimes.
The main legal point established in the judgment is that the provisions of Section 273 of the Cr.P.C allow for the recording of evidence in the presence of the accused's counsel, even when the accuse....
Examination of witness – While normal rule is that evidence in a criminal trial must be recorded in presence of accused evidence of witnesses can be recorded in presence of Counsel for accused even i....
Point of law : Section 299 of Code of Criminal Procedure makes provision for recording the evidence in the absence of the accused. Provision is made to safeguard the evidence of the witnesses who may....
Provisions of Section 303 of the Cr.P.C. gives right to any person accused of an offence before a criminal Court to be defended by a pleader of his choice. The provisions of Section 304 of the Code o....
The main legal point established in the judgment is the permissibility of dispensing with the physical presence of the accused during trial and allowing appearance through video conferencing, in line....
A trial conducted without the accused's presence and without proper representation violates fair trial rights, undermining the integrity of the judicial process.
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
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