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october 2008

Supreme Court of India · 2008-10-21

Mukhtiar Singh vs State Of U.P. & Anr. Etc

Court
Supreme Court of India
Petitioner
Mukhtiar Singh
Respondent
State Of U.P. & Anr. Etc
Bench
Aftab Alam, G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court's order quashing the charge-sheet under Sections 363, 366, and 376 IPC was erroneous as it deemed the victim's statement recorded under Section 164 CrPC as non-est. The Court emphasized that the victim's statement is crucial for the prosecution of serious offences such as kidnapping and rape. The Court reinstated the charge-sheet and directed that the victim's statement be duly considered in the trial process, thereby upholding the integrity of the judicial process under the Code of Criminal Procedure, 1973.

Mukhtiar Singh vs State Of U.P. & Anr. Etc · Niyam