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.