Supreme Court · 2009 INSC 315 · Decided 5 March 2009
Rameshwar Prasad v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2009 INSC 315 · [2009] 3 S.C.R. 1162
- Case number
- CRIMINAL APPEAL No. 434/2009
- Decided
- 5 March 2009
- Bench
- ARIJIT PASAYAT, V.S. SIRPURKAR, A.K. GANGULY (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 408; CrPC Section 368(8)
Headnote
Code of Criminal Procedure, 1973: c s.374 - Appeal against conviction - Appellate court, without examining the case on merits, remanding the matter to trial court observing that there were lacunae in prosecution case - In revision High Court set aside order of remand but D upheld Matter remitted to High Court for decision on merits - Practice and Procedure. The appellant, a Branch Manager in Central Cooperative Bank, was convicted and sentenced uls 408 IPC. The appellate court found certain lacunae in the E prosecution version and remanded the matter for re- examination.
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