Supreme Court · 2004 INSC 256 · Decided 12 April 2004
Zahira Habibulla H Sheikh and ANR. v. State of Gujarat and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 256 · [2004] 3 S.C.R. 1050
- Case number
- CRIMINAL APPEAL No. 446/2004
- Decided
- 12 April 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 311, 391, 385(2), 386, 161, 165; Evidence Act Section 165; Constitution Article 32
Headnote
HABIBULLA H SHEIKH AND ANR. ~__, v. STATE OF GUJARAT AND ORS. APRIL 12, 2004 B [DORAISWAMY RAJU AND AR!llT PASAYAT, 11.] Code of Criminal Procedure, 1973-Seclion 311, 391, 386 and 173: t Evidence Act, 1872-Section 165: c Criminal trial-Tainted investigation-Trial in perjimctory manner- On account Court-On appeal, held: D The case liable lo be retried-Trial was no/ fair as hearing of material witness was denied-In a case of defective investigation the Court in evaluating the evidence may adopt an active and analytical role to ensure finding of truth ,, having recourse to Sections 311
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