Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kidnapping Finality of Charges |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:s.252 and Chapter XXl-A - FIR uls. 365 /PC - Allegingoffence of kidnapping against 7 persons - Police fifed charge-sheet uls.323 and 343 rlw. s.34 /PC only against two accused- Both the accused fifed application pleading guilty for theoffences charged - Trial court without notice to the victimconvicted the accused u/ss.323 and 343 rlw. s.34 /PC and 0concluded the trial same day - Application u/s. 482 by theappellant dismissed by High Court - Held: Order of trial courtstands vitiated as it proceeded not only in great haste butadopted a procedure not known in law - The Court was obligedto put the victim to notice before extending the benefit to the Eaccused persons.s. 216 - Finality of charges - Filing of charge-sheet andtaking cognizance has nothing to do with finality of charges,as the charges can be altered, amended, changed and addedat any stage upto the stage of conviction.Probation of Offenders Act, 1958 - s.12 - Conviction ofaccused u/ss. 323 and 343 rlw. s.34 /PC, on their havingpleaded guilty - Further held that conviction would not affecttheir Government service - Held: Trial court had no Gcompetence to make any observation having civilconsequences. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 661 |
Petitioner | Girraj Prasad Meena |
Respondent | State Of Rajasthan & Ors. |
SCR | [2013] 10 S.C.R. 393 |
Judgement Date | 2013-09-30 |
Case Number | 1547 |
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