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Any document, which the accused wishes to rely upon, cannot

 

Any document, which the accused wishes to rely upon, cannot be considered at the time of framing of charge

 
 From the above judgments referred to by the learned counsel for the appellant, it is clear that all that the court has to do at the time of framing a charge is to consider the question of sufficiency of ground for proceeding against the accused on a general consideration of the materials placed before it by the investigating agency. There is no requirement in law that the court at that stage should either give an opportunity to the accused to produce evidence in defence or consider such evidence the defence may produce at that stage.

Supreme Court of India
State Of Orissa vs Debendra Nath Padhi on 6 February, 2003
Equivalent citations: AIR 2003 SC 1512, 2003 CriLJ 1517, JT 2003 (3) SC 469
Bench: N S Hegde, B Singh


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 1 Replies

Manish Udar (www.Mehnat.IN)     08 April 2013

this is unfair


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