Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Sunday, 20 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-01-31 allowed

Ajay Kumar Ghoshal etc vs State of Bihar & Anr

Bench: 2 — R. Banumathi

In Brief

The appellants were convicted of dowry-related crimes leading to a woman's death. The High Court set aside the conviction, finding certain investigative lapses, and ordered a retrial. The Supreme Court held that the High Court erred by not independently evaluating the evidence and merely remitting the case for retrial. Retrial is an exceptional remedy justified only when the original trial was fundamentally flawed or vitiated by serious illegality resulting in failure of justice. Mere procedural lapses are insufficient. The Court allowed the appeals, set aside the High Court's retrial order, and remitted the matter back to the High Court to reconsider the case afresh on the merits without expressing an opinion on guilt.

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Criminal Procedure Appellate Practice Retrial Criminal Appeal Dowry Prohibition Homicide

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