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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA, SUKHVINDER KAUR
State of Punjab – Appellant
Versus
Vinod Shah – Respondent
JUDGMENT :
ANOOP CHITKARA, J.
1. On the evening of Mar 09, 2019, the victim ‘N’, whom this Court would affectionately refer to as ‘Laadli’, was allegedly abducted by the appellant/convict Vinod Shah, aged 21, who was her paternal cousin (Bhaanja of Laadli’s father), and after that the appellant/ co-convict Rohit Sharma, aged 19, joined him, and both of them committed rape upon her in an uninhabited godown, and subsequently, strangulated her and also inflicted brick blows on her head, and both acts of assaults resulted in her death, and for this crime, both Vinod and Rohit were arrested, prosecuted, and upon conviction by the trial Court, were awarded death sentences, in addition to the other sentences as captioned above.
2. The Trial Court had sent the murder reference to this Court under S.366(1) CrPC, 1973, for its confirmation, whereas the convicts Vinod Shah and Rohit Kumar Sharma have come up before this Court through separate appeals under S.374(2) CrPC, challenging the judgment of conviction and order of sentence, seeking their acquittal.
3. We have heard Mr. Swarn Kumar Sandhir, for the convict, Vinod Shah, Mr. Tarun Singla and Mr. Ashish Singla for the convict, Rohit Kumar Sha
Whenever a plea of non-compliance with Section 313 Cr.P.C. is raised, it is within powers of appellate court to examine and further examine the convict or counsel appearing for accused and the said a....
(1) Court must ordinarily eschew material circumstances not put to accused from consideration while dealing with case of particular accused.(2) Examination of accused – Court is empowered to take hel....
Procedure for recording the statement of the accused person so as to allow him an opportunity to explain the incriminating circumstances, if any, appearing in the evidence brought on record by the pr....
The judgment emphasizes the necessity of individual examination of accused under Section 313 Cr.P.C. to ensure fair trial rights, and procedural defects can lead to acquittal if they cause prejudice.
The mandatory provision of Section 313 CrPC aims to afford the accused an opportunity to explain each and every circumstance and incriminating evidence against them, and failure to comply with this p....
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