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2012 Supreme(SC) 668

FAKKIR MOHAMED IBRAHIM KALIFULLA, B.S.CHAUHAN
Ajay Kumar Parmar – Appellant
Versus
State of Rajasthan – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. When an offence is cognizable by the Sessions court, a Magistrate does not have the jurisdiction to probe into the matter or discharge the accused; instead, the Magistrate is bound to commit the case to the Sessions court. Any order of discharge in such cases is considered a nullity and without legal effect (!) (!) .

  2. The process of recording a statement under Section 164 of the Cr.P.C. requires proper identification and adherence to procedural safeguards. Statements recorded without proper identification or in haste, especially where signatures do not match or signatures are dissimilar, raise suspicion about their authenticity and legal sanctity (!) (!) (!) .

  3. The court should not pass an order of acquittal by simply not taking cognizance when a prima facie case is established by the investigation. It is the duty of the court to consider whether sufficient grounds exist to proceed against the accused, and at this stage, the court should not weigh the evidence or appreciate its credibility (!) (!) .

  4. For cases exclusively triable by the Sessions court, the Magistrate must commit the case to the Sessions court once it is determined that the facts make out such an offence. The scheme of the law mandates this mandatory commitment, and failure to do so renders any order of discharge or non-cognizance invalid (!) (!) .

  5. The opinion of handwriting experts is fallible and should not be solely relied upon. The Court can compare signatures or handwritings itself, but it must do so cautiously and with awareness of the potential for error. When the Court undertakes such a comparison, it should be cautious and not substitute itself for an expert unless necessary (!) (!) (!) .

  6. The identification of the victim and the authenticity of her statements are crucial. Discrepancies in signatures and the manner of her appearance before the Court, especially when she appears at a different location and without proper identification, cast doubt on the reliability of her statements and the proceedings based thereon (!) (!) .

  7. Procedural irregularities, such as the lack of notice to the complainant before dropping proceedings or acting without proper identification, violate mandatory legal requirements and undermine the validity of the proceedings (!) (!) .

  8. The order of a Magistrate to dismiss or not take cognizance of a case, especially when the investigation discloses a prima facie case, is not sustainable. It is the Court’s duty to consider the case properly and proceed accordingly, ensuring that the rights of the victim are safeguarded (!) (!) .

  9. The process of trial and procedure must be followed strictly, especially regarding the recording of statements, the commitment of cases to appropriate courts, and the proper evaluation of evidence. Any departure from these procedures can render orders invalid and require correction by higher courts (!) (!) .

  10. The case was ultimately upheld in its procedural correctness, and the proceedings were directed to be completed expeditiously, with the court emphasizing that observations made are only for the present case and do not prejudice either party (!) .

These points collectively highlight the importance of procedural correctness, proper jurisdictional procedures, and cautious evaluation of evidence in criminal proceedings.


JUDGMENT

Dr. B.S.CHAUHAN, J.

1. This appeal has been preferred against the impugned judgment and order dated 9.1.2012 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Revision Petition No. 458 of 1998, by way of which, the High Court has upheld the judgment and order dated 25.7.1998, passed by the Sessions Judge in Revision Petition No. 5 of 1998. By way of the said revisional order, the court had reversed the order of discharge of the appellant for the offences under Sections 376 and 342 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’) dated 25.3.1998, passed by the Judicial Magistrate, Sheoganj.

2. The facts and circumstances giving rise to this appeal are as follows:

A. An FIR was lodged by one Pushpa on 22.3.1997, against the appellant stating that the appellant had raped her on 10.3.1997. In view thereof, an investigation ensued and the appellant was medically examined. The prosecutrix’s clothes were then also recovered and were sent for the preparation of FSL report. The prosecutrix was medically examined on 22.3.1997, wherein it was opined by the doctor that she was habitual to sexual intercourse, however, a final opinion




























































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