DEEPAK RAJAK versus STATE OF WEST BENGAL

DEEPAK RAJAK versus STATE OF WEST BENGAL

Since the appellant subsequently surrendered and was in custody for more than two years, and the co-accused were acquitted on the same facts and accusations, the benefit of acquittal should be extended to him.

Parties
Appellant: Deepak Rajak; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
14 June 2007
Procedural Posture
Criminal Appeal / Supreme Court Decision
Outcome
Appeal allowed. Conviction and sentence set aside.
Legal Topics
Penal Code Section 302 Read With Section 34, Penal Code Section 201 Read With Section 34, Acquittal of Co Accused, Benefit of Acquittal, Custody and Surrender
Criminal Law Penal Code Section 302 Read With Section 34 Penal Code Section 201 Read With Section 34 Acquittal of Co Accused Benefit of Acquittal Custody and Surrender

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Parties

Deepak Rajak

Appellant

State of West Bengal

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision

Legal Issues

  1. 1 Whether benefit of acquittal of co-accused should be extended to the appellant who surrendered after conviction

Ratio Decidendi

Since the appellant subsequently surrendered and was in custody for more than two years, and the co-accused were acquitted on the same facts and accusations, the benefit of acquittal should be extended to him.

Court Disposition

Appeal allowed. Conviction and sentence set aside.

Orders

  • Conviction and sentence recorded by trial court and upheld by the High Court set aside.