Supreme Court of India
Sunil Mehta & Anr. v. State of Gujarat & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result we allow this appeal with costs assessed at Rs.50,000/-, set aside the order passed by the High Court and restore that passed by the Sessions Judge.
Judgment, page 18
From the headnote
CODE OF CRIMINAL PROCEDURE, 1973: ss. 244 and 246 – Evidence for purposes of framing of charge in a complaint case – Plea of complainant that evidence adduced under Chapter XV be treated as evidence for purposes of framing of charge – Held: Is untenable – In a criminal case, using a statement of a witness at the trial, without affording to accused an opportunity to cross-examine, is tantamount to condemning him unheard – The process under Chapter XV is conducted in the absence of accused, whereas evidence within the meaning of Evidence Act and so also within the meaning of s.244, Cr.P. . is…
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