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HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J. MUNIR, SANJIV KUMAR,
Azad Khan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sanjiv Kumar, J.
1. This criminal appeal has been preferred by appellant, Azad Khan, son of Turab Khan, resident of Vyoti Katra, Police Station Allau, District Mainpuri, against the judgment and order dated 05.02.2002 passed by Special Judge (D.A.A.)/Additional Sessions Judge, Mainpuri, in Special Trial No. 11-A of 2001, under Sections 395 and 397 of the Indian Penal Code (in short, ‘I.P.C.’), Police Station Allau, District Mainpuri.
2. By the impugned judgment and order, the appellant, Azad Khan has been convicted and sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 395 I.P.C., alongwith a fine of Rs.10,000/-. He has further been sentenced to undergo seven years’ rigorous imprisonment for the offence punishable under Section 397 I.P.C., alongwith a fine of Rs.10,000/-. In default of payment of fine, he has been ordered to suffer further rigorous imprisonment for a period of two years. Both the sentences have been directed to run concurrently.
3. The brief facts of the case are that informant, Om Prakash, son of Sri Ram Pandey, resident of village Katra, Police Station Allau District Mainpuri lodged a written information (tehri
A confession made under Section 313 Cr.P.C. cannot alone serve as the basis for conviction without corroborating evidence, highlighting the necessity for the prosecution to prove guilt beyond a reaso....
(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 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....
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 court determined that inadequate compliance with Section 313 of the Cr.P.C. during trial prejudiced the accused, necessitating a remand for reconsideration under proper procedural safeguards.
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