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october 2001

Supreme Court of India · 2001-10-16

State Of West Bengal vs Ansar Sheikh

Citation / case number
AIRONLINE 2001 SC 21
Court
Supreme Court of India
Petitioner
State Of West Bengal
Respondent
Ansar Sheikh
Author
Ruma Pal
Bench
Ruma Pal

Judgment text excerpt

The Supreme Court held that the Calcutta High Court erred in setting aside the conviction under Section 302 IPC and remitting the matter for a de novo trial, as the charge framed provided sufficient clarity regarding the date and place of the alleged offence. The Court emphasized that a defect in the charge must cause actual prejudice to the accused for an appellate court to interfere with a conviction and sentence. Consequently, the Supreme Court set aside the High Court's judgment and directed the case to be re-disposed in accordance with law, allowing the appeals.

State Of West Bengal vs Ansar Sheikh · Niyam