Supreme Court · 2013 INSC 804 · Decided 5 December 2013
Sister Mina Lalita Baruwa v. State of Orissa and Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 804 · [2013] 16 S.C.R. 788
- Case number
- CRIMINAL APPEAL No. 2044/2013
- Decided
- 5 December 2013
- Bench
- S.S. NIJJAR, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376(2)(g); CrPC Section 301, 311
Headnote
Code of Criminal Procedure, 1973 - ss. 301 and 311 - C Criminal prosecution - Trying charge u/s. 376(2}{g) !PC - Evidence of Statutory Authority (PW 18) who had conducted Test Identification Parade, not in consonance with the record of Test Identification Parade - for recalling the evidence of that witness - Dismissed by courts D below in view.of s. 301 - Held: There is serious irregularity. in the orders passed by courts below - The courts should have made an attempt to reconcile ss. 301 and 311 and ensured that the trial proceeded in right direction
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