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Siv (engineer)     14 August 2014

Law allowpetition for aquittal before defence evidence

Hi,

Court framed charges U/s 240 of CrPC on accused and after closing the prosecution evidence Court asked questions U/s 313 of CrPC to accused and the alleged allegations present in the questions asked U/s 313 of CrPC to the accused are not present in charges framed against the accused and such circumstances reveals that the entire evidence of the Prosecution Witnesses is not supporting the charge framed against the accused and in view of omissions and contradictions Court might have closed the case after prosecution evidence in the interest of speedy justice and in these circumstances does law permits to seek aquittal by filing the CRLMP petition being these is no need of defence evidence after 313 of CrPC .....  consider the below citations....

 

1. Supreme Court of India in case of K.M. Mathew vs State Of Kerala And Anr on 19 November, 1991, Equivalent citations: 1992 AIR 2206, 1991 SCR Supl. (2) 364  

 

2. Andhra High Court in case of P.Gopalakrishna &Amp; Another vs The State Of A.P., Through Food ... on 28 March, 2011
THE HON'BLE SRI JUSTICE K.S. APPA RAO

 

3. Supreme Court of India in case of M/S S.J.S. Business Enterprises ... vs State Of Bihar And Ors on 17 March, 2004

 



Learning

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