Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J. MUNIR, SANJIV KUMAR,
Azad Khan – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of the criminal appeal and conviction. (Para 1 , 2) |
| 2. factual background of the dacoity case. (Para 3 , 4 , 5) |
| 3. procedural details regarding confession and charges. (Para 6 , 7) |
| 4. admissibility of testimonies and confession. (Para 8 , 9 , 11) |
| 5. arguments challenging the conviction. (Para 12 , 13 , 14) |
| 6. prosecution's burden and the evaluation of evidence. (Para 15 , 16 , 17) |
| 7. legal interpretations of section 313 of cr.p.c. (Para 18 , 19 , 20) |
| 8. guidance from case laws regarding criminal admissions. (Para 21 , 22 , 23) |
| 9. issues regarding the fair trial and confession context. (Para 24 , 25 , 26) |
| 10. final judicial conclusions regarding the prosecution's failure. (Para 27 , 28) |
| 11. acquittal order and procedural follow-ups. (Para 29 , 30 , 31 , 32) |
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 St
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.
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
