salim pathan (llb) 08 July 2020

discharge u/s 239

Merely because accused has not filed discharge application under section 239 of crpc, can he be held guilty?? if not please share supportive authorities please

thanks

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P. Venu (Advocate) 11 July 2020

What are the facts? What is the context?

salim pathan (llb) 11 July 2020

sir, the trail court held guilty to the accused under section 409 of IPC, the accused has made allegations on complaint, and trial court held that, if the accused is innocent he could has filed discharge application, and also could has taken legal action against complaint, and accordingly convicted accused by these reasonings

P. Venu (Advocate) 11 July 2020

The facts posted are less than convincing. The conviction ought to be based on evidence adduced and proved by the complainant/prosecution.

discharge u/s 239

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