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august 1963

Supreme Court of India · 1963-08-19

NOOR KHAN vs STATE OF RAJASTHAN

Citation / case number
SC 1963/141
Court
Supreme Court of India
Petitioner
NOOR KHAN
Respondent
STATE OF RAJASTHAN
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the failure to supply statements recorded under Section 161 of the Code of Criminal Procedure, 1898, does not automatically vitiate a trial unless it can be shown that prejudice resulted to the accused. In this case, the Court found no prejudice as the plea was not raised in the High Court and no substantial argument was made in support of it. The conviction under Section 302 IPC was upheld as the evidence of injuries confirmed the presence of injured witnesses at the scene beyond reasonable doubt.

NOOR KHAN vs STATE OF RAJASTHAN · Niyam