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may 2009

Supreme Court of India · 2009-05-13

Jaswant & Anr vs State Of Rajasthan

Citation / case number
AIRONLINE 2009 SC 554
Court
Supreme Court of India
Petitioner
Jaswant & Anr
Respondent
State Of Rajasthan
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the legality of a trial conducted by a Sessions Court without proper cognizance being taken against the appellants as mandated by Section 193 of the Code of Criminal Procedure. The Court held that despite the procedural irregularities, including the absence of a supplementary charge sheet, the trial could proceed as the accused had been present and participated in the proceedings, and the trial was not prejudiced. The Court emphasized that technical defects should not impede the pursuit of justice, especially in serious cases like murder under Section 302 IPC.

Jaswant & Anr vs State Of Rajasthan · Niyam