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SUPREME COURT OF INDIA
Aravind Kumar, Augustine George Masih, JJ
State of Uttar Pradesh – Appellant
Versus
Ram Swaroop – Respondent
| Table of Content |
|---|
| 1. overview of trial and appellate court proceedings regarding charge framing and conviction discrepancies. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' contentions on whether section 364 ipc is a cognate minor offence to section 302 ipc. (Para 6 , 7) |
| 3. interpretation of section 222 crpc and the definition of a 'minor offence' in criminal procedure. (Para 8 , 9 , 10) |
| 4. evaluation of evidentiary sufficiency and confirmation of acquittal on lack of proof. (Para 11 , 12) |
O R D E R
1.
State is questioning the correctness of the Judgment of the High Court of Judicature at Allahabad rendered in Criminal Appeal No.3739 of 2009 dated 04.03.2009, whereunder the appellant came to be acquitted who had been convicted by the Additional Sessions Judge, Fast Track Court No. - 1 in Sessions Trial No.209 of 2001 on 27.06.2006 for the offence punishable under Section 364 of IPC by reversing the said finding of the Trial Court.
2.
The gravamen of the prosecution case is: appellant had come to the house of the complainant Shri Puran on 25.11.1998 and took Dinesh son of the complainant from his home on the pretext of watching a movie and he never returned. It was stated that his dead body was found
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