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Supreme Court of India

Chotkau v. State of Uttar Pradesh

Neutral citation
Bench S. Abdul Nazeer, A. S. Bopanna and V. Ramasubramanian JJ.
Decided 28 September 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the delay of 5 days in transmitting the FIR to the jurisdictional court, especially in the facts and circumstances of this case was fatal.

Judgment, page 26

From the headnote

Penal Code, 1860: ss.376, 302 – Rape and murder – Conviction for, and death sentence by courts below – Challenged – Held: There were very serious contradictions in the evidence tendered by prosecution witnesses on crucial aspects which made them completely untrustworthy – Sessions Court as well as the High Court trivialized the major contradictions to hold that the chain of circumstances was established unbroken – Delay of five days in transmitting the FIR to the jurisdictional court was fatal – Failure of the prosecution to subject the accused to medical examination when ocular evidence is…

Authorities it was built on

Where later benches applied it

Of those, 4 mentioned

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