Supreme Court of India · 2011-08-04
RAFIQ AHMED @ RAFI vs STATE OF U.P.
- Citation / case number
- SC 2005/3051
- Court
- Supreme Court of India
- Petitioner
- RAFIQ AHMED @ RAFI
- Respondent
- STATE OF U.P.
- Author
- Swatanter Kumar
- Bench
- B.S. CHAUHAN,SWATANTER KUMAR, , ,
Judgment text excerpt
The Supreme Court examined the application of the principle of cognate offences in criminal jurisprudence, emphasizing that lesser grave offences can be considered even if not specifically charged, provided the facts warrant such consideration. The Court upheld the conviction of the accused under Section 302 IPC for murder, while also recognizing the applicability of Section 395 IPC for dacoity, affirming that the evidence supported the charges despite the absence of a specific charge for the lesser offence. The judgment reinforced the importance of contextual evaluation of offences within the same family of crimes.