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1 - 7 of 7 (0.22 seconds)The Indian Penal Code, 1860
Raghav Prapanna Tripathi vs The State Of Uttar Pradesh on 4 May, 1962
15.The proof of the commission of an offence is an essential
requisite for bringing home the offence under sec.201 IPC. In
order to establish the charge under sec.201 IPC, it is essential to
prove that an offence has been committed and mere suspicion that
it has been committed, is not sufficient. Hon'ble Supreme Court in
Raghav Prapanna Tripathi v. State of Uttar Pradesh, AIR
1963 SC 74 held that mere knowledge on the part of the accused
of the removal of the dead bodies did not bring the case within the
ambit of sec.201 IPC and that Section's essential requirement is
causing any evidence of commission of an offence to disappear.
Hon'ble Apex Court further held that unless the prosecution could
establish that the accused had caused any evidence to disappear,
the charge under sec.201 IPC would not be sustainable. The
proposition laid down by Hon'ble Apex Court was that strongest
suspicion against an accused person will not amount to legal proof.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 306 in The Indian Penal Code, 1860 [Entire Act]
Section 176 in The Indian Penal Code, 1860 [Entire Act]
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