Supreme Court · 2012 INSC 435 · Decided 27 September 2012
Ajay Kumar Parmar v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2012 INSC 435 · [2012] 8 S.C.R. 970
- Case number
- CRIMINAL APPEAL No. 1496/2012
- Decided
- 27 September 2012
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 342; CrPC Section 207to209, 164, 161, 164(5); Evidence Act Section 73
Headnote
Code of Criminal Procedure, 1973 - ss. 207 to 209 and C s. 164 - Power of Magistrate - FIR alleging commission of rape - Thereafter prosecutrix approaching the Chief Judicial Magistrate (CJM) on her own seeking to record her statement uls. 164 Cr.P.C - As per order of CJM, Judicial u/s. 164 - The prosecutrix in her D statement uls. 164 exonerating the accused of the allegations - Police filing charge-sheet - The Judicial Magistrate, in view of the statement of the prosecutrix uls. 164, discharging the accused - The order of Magistrate set aside by Revisional Court as
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