Supreme Court of India
Saeeda Khatoon Arshi v. State of Up & Anr
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What the Court ordered
We hold that though only a prima facie case is to be established from the evidence led before the court, not necessarily tested on the anvil of cross-examination, it requires much stronger evidence than mere probability of his complicity.
Judgment, page 15
From the headnote
Code of Criminal Procedure, 1973: s.319 – Power to proceed against other persons appearing to be guilty of offence – Prosecution case was that appellant received phone call on fateful night at 3 a.m. from second respondent-husband of her daughter that the victim-deceased has hanged herself – Appellant reached the house of her daughter and found her dead body lying on floor – Appellant fell unconscious and when she regained consciousness, she came to know that the second respondent and his relatives bathed and buried the body of deceased – She then saw the photos of the dead body, which showed…
Authorities it was built on
- 2014 Hardeep Singh v. State of Punjab & Ors.
- 1997 M/s. Pepsi Foods Ltd. and Anr. v. Special Judicial Magistrate and Ors.
- 2017 S. Mohammed Ispahani v. Yogendra Chandak & Others
- 2017 Brijendra Singh & Ors. v. State of Rajasthan
- 2016 Gajanan Dashrath Kharate v. State of Maharashtra
- 2014 Babubhai Bhimabhai Bokhiria & Anr. v. State of Gujarat & Ors.
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