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1 - 10 of 49 (1.03 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 378 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
C. Muniappan & Ors vs State Of Tamil Nadu on 30 August, 2010
It is
submitted that as held by this Court in the case of Sudha
Renukaiah v. State of Andhra Pradesh, (2017) 13 SCC 81, in
13
which the decision in the case of Muniappan (supra) was relied
upon, that even if the IO has committed any error and has been
negligent in carrying out any investigation or in the investigation
there is some omission and defect, it is the legal obligation on the
part of the court to examine the prosecution evidence de hors
such lapses.
State Of Punjab vs Balbir Singh on 1 March, 1994
It is submitted that as held by this Court in the case of
State of Punjab v. Balbir Singh, (1994) 3 SCC 299 (para 6), a
defective investigation if any does not vitiate the trial.
Sudha Renukaiah & Ors vs State Of A.P on 13 April, 2017
It is
submitted that as held by this Court in the case of Sudha
Renukaiah v. State of Andhra Pradesh, (2017) 13 SCC 81, in
13
which the decision in the case of Muniappan (supra) was relied
upon, that even if the IO has committed any error and has been
negligent in carrying out any investigation or in the investigation
there is some omission and defect, it is the legal obligation on the
part of the court to examine the prosecution evidence de hors
such lapses.
G. Parshwanath vs State Of Karnataka on 18 August, 2010
6. Applying the law laid down by this Court in the aforesaid
decisions to the facts of the case on hand, it is to be considered,
whether in the facts and circumstances of the case, the High
Court is justified in interfering with the order of acquittal passed
by the learned trial Court?
Vijay Mohan Singh vs State Of Karnataka on 10 April, 2019
5.3 In the recent decision of Vijay Mohan Singh (supra), this
Court again had an occasion to consider the scope of Section 378
Cr.P.C. and the interference by the High Court in an appeal
against acquittal. This Court considered catena of decisions of
this Court right from 1952 onwards. In paragraph 31, it is
observed and held as under:
State Of Uttar Pradesh vs Ram Veer Singh And Ors on 5 September, 2007
State of Bihar (1990) 4 SCC 17, Shailendra Pratap v. State of U.P
(2003) 1 SCC 761, Narendra Singh v. State of M.P (2004) 10 SCC
699, Budh Singh v. State of U.P (2006) 9 SCC 731, State of U.P. v.
Ram Veer Singh (2007) 13 SCC 102, S. Rama Krishna v. S. Rami
Reddy (2008) 5 SCC 535, Arulvelu v. State (2009) 10 SCC 206,
Perla Somasekhara Reddy v. State of A.P (2009) 16 SCC 98 and
Ram Singh v. State of H.P (2010) 2 SCC 445)