NOOR KHAN versus ST ATE OF RAJASTHAN

NOOR KHAN versus ST ATE OF RAJASTHAN

On the facts, although statements under s. 161 CrPC were not properly supplied, no prejudice was caused to the accused; the conviction based on consistent and corroborated eye-witness and medical evidence is upheld.

Parties
Appellant: Noor Khan; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
19 August 1963
Procedural Posture
Criminal Appeal / Supreme Court—appeal by Special Leave From Conviction by High Court, Reversing Acquittal by Sessions Court
Outcome
Appeal dismissed
Legal Topics
Code of Criminal Procedure 1898—sections 161(3), 162, 173(b), 207 A(3), Indian Penal Code—section 302, Prejudice—non Supply of Police Statements, Standard of Proof in Appeals Against Acquittal
Criminal Law Code of Criminal Procedure 1898—sections 161(3), 162, 173(b), 207 A(3) Indian Penal Code—section 302 Prejudice—non Supply of Police Statements Standard of Proof in Appeals Against Acquittal

Case Brief

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Parties

Noor Khan

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court—appeal by Special Leave From Conviction by High Court, Reversing Acquittal by Sessions Court

Legal Issues

  1. 1 Whether failure to supply statements of witnesses recorded under section 161 of the Code of Criminal Procedure to the accused vitiates the trial and conviction on grounds of prejudice
  2. 2 Whether the High Court was justified in reversing an acquittal and convicting the appellant for murder under section 302 IPC
  3. 3 Whether contradictions and deficiencies in prosecution evidence justified rejection of the eye-witness accounts

Ratio Decidendi

On the facts, although statements under s. 161 CrPC were not properly supplied, no prejudice was caused to the accused; the conviction based on consistent and corroborated eye-witness and medical evidence is upheld.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of imprisonment for life of Noor Khan under s. 302 IPC upheld