Supreme Court of India · 2011-05-20
RANHKU DUTTA @ R.K.DUTTA vs STATE OF ASSAM
- Citation / case number
- SC 2009/31186
- Court
- Supreme Court of India
- Petitioner
- RANHKU DUTTA @ R.K.DUTTA
- Respondent
- STATE OF ASSAM
- Author
- Ganguly
- Bench
- ASOK KUMAR GANGULY,DEEPAK VERMA, , ,
Judgment text excerpt
The Supreme Court examined the appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, challenging the conviction of the appellant under Section 120B IPC and Section 3(2)(1) of the said Act. The Court found that the FIR was recorded in violation of Section 20(A)(1) of the Act, which mandates specific procedures for registration of FIRs in terrorist cases, thus vitiating the subsequent proceedings and the designated court's judgment. Consequently, the Court set aside the conviction and sentence imposed on the appellant, leading to his acquittal.