STATE OF PUNJAB versus NAIB DIN

STATE OF PUNJAB versus NAIB DIN

High Court erred in setting aside conviction solely on the omission to tender formal witnesses for cross-examination and not putting affidavit evidence to accused under Section 313 CrPC; such formal lapses do not ipso facto vitiate proceedings absent prejudice and can be corrected or considered in light of the overall evidence.

Parties
Appellant: State of Punjab; Respondent: Naib Din
Jurisdiction
India
Judgment Date
28 September 2001
Procedural Posture
Criminal Appeal / Appeal From High Court Order in Revisional Jurisdiction
Outcome
Appeal allowed; impugned High Court judgment set aside; revision remitted to High Court.
Legal Topics
Procedure Under Section 313 Cr PC, Formal Evidence by Affidavit Under Section 296 Cr PC, Opium Act, 1857
Criminal Law Procedure Under Section 313 Cr PC Formal Evidence by Affidavit Under Section 296 Cr PC Opium Act, 1857

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Parties

State of Punjab

Appellant

Naib Din

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order in Revisional Jurisdiction

Legal Issues

  1. 1 Whether failure to tender formal witnesses for cross-examination and omission to put contents of affidavits to the accused under Section 313 CrPC vitiates the proceedings

Ratio Decidendi

High Court erred in setting aside conviction solely on the omission to tender formal witnesses for cross-examination and not putting affidavit evidence to accused under Section 313 CrPC; such formal lapses do not ipso facto vitiate proceedings absent prejudice and can be corrected or considered in light of the overall evidence.

Court Disposition

Appeal allowed; impugned High Court judgment set aside; revision remitted to High Court.

Orders

  • Revision petition to be disposed of afresh after reasonable opportunity to both sides for hearing.