GANESH GOGOI versus STATE OF ASSAM

GANESH GOGOI versus STATE OF ASSAM

Conviction under Section 3(2)(i) TADA(P) Act unsustainable as no evidence connects appellant to offence; charges under Section 3(5) invalid as section was not in force at alleged time; unfair examination under Section 313 CrPC vitiates trial.

Parties
Appellant: Ganesh Gogoi; Respondent: State of Assam
Jurisdiction
India
Judgment Date
07 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction Under Section 3(2)(i) of Tada(p) Act Before Supreme Court
Outcome
Appeal allowed; conviction and sentence set aside.
Legal Topics
Tada(p) Act, Fair Trial, Framing of Charges, Examination Under Section 313 Cr PC
Criminal Law Anti Terror Law Tada(p) Act Fair Trial Framing of Charges Examination Under Section 313 Cr PC

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Parties

Ganesh Gogoi

Appellant

State of Assam

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Under Section 3(2)(i) of Tada(p) Act Before Supreme Court

Legal Issues

  1. 1 Whether the conviction under Section 3(2)(i) of TADA(P) Act is sustainable
  2. 2 Whether charges framed under Section 3(5) TADA(P) Act on a date prior to its enactment are valid
  3. 3 Whether examination under Section 313 CrPC was fair

Ratio Decidendi

Conviction under Section 3(2)(i) TADA(P) Act unsustainable as no evidence connects appellant to offence; charges under Section 3(5) invalid as section was not in force at alleged time; unfair examination under Section 313 CrPC vitiates trial.

Court Disposition

Appeal allowed; conviction and sentence set aside.

Orders

  • Appellant be set at liberty forthwith if not wanted in any other case