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Promoting Harmony
Daaman
Defective Charge is additional ground for acquittal
Suo Vijaya alias Baby vs State of Maharashtra
Supreme Court
03/09/2003
2003 (3) Crimes 360; 2003 CrLJ 4318; Appeal (crl.) 901 of 1996
About/from the judgment:
Defective Charge is additional ground for acquittal!
Though in a given case defective charge does not vitiate trail in terms of section 464 Cr.p.c, where commission Is vital and even the substance of accusations is totally different from what is sought to be established by the prosecution, and there is no evidence on record to attribute knowledge of commission of offence by the other accused that can be an an additional factor for acquittal.
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