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Harishchandrasing Sajjansinh Rathod ... vs State Of Gujarat on 18 January, 1979

11. In the above said paragraph it is observed that in a prosecution under Section 202 of IPC, it is necessary for the prosecution to establish the main offence before arguing a person is liable under the said Section. It goes to show that, first the main offences are to be tried as against the remaining accused persons and thereafter, only if the main offences are proved, then the present accused No.4/petitioner can be tried. Keeping in view the above said prepositions of law laid down by the Hon'ble 10 Apex Court, the application which has been filed under Section 227 is not sustainable. Further when the offence under Section 202 has to be tried separately. In that light, the trial court is directed to try the offences under Section 202 of IPC in so far as the present petitioner/accused No.4 is concerned separately.
Supreme Court of India Cites 8 - Cited by 3 - J Singh - Full Document
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