Supreme Court · 2001 INSC 470 · Decided 28 September 2001
State of Punjab v. Naib Din
- Court
- Supreme Court of India
- Citation
- 2001 INSC 470 · [2001] SUPP. 3 S.C.R. 396
- Case number
- CRIMINAL APPEAL No. 995/2001
- Decided
- 28 September 2001
- Bench
- K.T. THOMAS, S.N. VARIAVA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 296, 313
Headnote
Criminal Procedure Code, 1973-Sections 296 and 313-Formal Evidence-Deposition of-On affidavit deponents not cross-examined-:­ No request for cross-examination Failure to put question to the accused regatding the evidence-Conviction set aside by High Court in Revisional Jurisdiction-On appeal proceedings were vitiated-Even if such evidence is of vital nature effort should be made to undo or correct that lapse-And if it cannot be corrected, court should consider the impact of the lapse on the overall aspect of the case-Opium Act, 1857- Section 9. Respondent-accused was convicted under
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