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Supreme Court of India 2018-08-28 remanded

Krishan Kumar vs State of Rajasthan & Anr

Bench: 2 — Banumathi

In Brief

In this criminal appeal, the Supreme Court examined whether a High Court validly set aside a trial court's acquittal order. The High Court had cancelled the acquittal solely because the prosecutrix was not examined at trial, but did so without giving the appellant a hearing opportunity. The Supreme Court held that setting aside a full-fledged trial's acquittal without affording the accused a hearing violates procedural fairness. The Court set aside the High Court's order and remitted the matter for fresh consideration with proper opportunity for the appellant to be heard.

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Criminal Procedure Acquittal High Court Powers Right to Hearing

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