LIYAKAT AND ANOTHER versus STATE OF RAJASTHAN

LIYAKAT AND ANOTHER versus STATE OF RAJASTHAN

A defective examination of accused under Section 313 Cr.P.C. does not automatically vitiate the trial; the accused must show that omission caused prejudice and miscarriage of justice. In this case, the accused were apprised of material evidence and events, no prejudice was shown or raised at trial, and the remand...

Source-derived case information.

Parties
Appellant: Liyakat; Appellant: Jakir; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
26 September 2014
Procedural Posture
Criminal Appeal / Appeal Against High Court Remand Order
Outcome
Appeal disposed of; High Court's remand order set aside; matter remanded to High Court to decide appeal on merits.
Legal Topics
Section 313 Cr.p.c. Examination, Effect of Defective Examination, Remand for Retrial, Prejudice and Miscarriage of Justice
Criminal Law Section 313 Cr.p.c. Examination Effect of Defective Examination Remand for Retrial Prejudice and Miscarriage of Justice

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Parties

Liyakat

Appellant

Jakir

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Remand Order

Legal Issues

  1. 1 Whether defective examination of accused under Section 313 Cr.P.C. vitiates the trial
  2. 2 Whether omission to put certain circumstances to accused causes prejudice resulting in miscarriage of justice
  3. 3 Whether remand by High Court for retrial was justified

Ratio Decidendi

A defective examination of accused under Section 313 Cr.P.C. does not automatically vitiate the trial; the accused must show that omission caused prejudice and miscarriage of justice. In this case, the accused were apprised of material evidence and events, no prejudice was shown or raised at trial, and the remand for retrial by the High Court was erroneous.

Court Disposition

Appeal disposed of; High Court's remand order set aside; matter remanded to High Court to decide appeal on merits.

Orders

  • Judgment and order of High Court remanding for retrial set aside.
  • Matter remanded back to High Court to decide the appeal on merit in accordance with law.