TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the acquittal could be sustained when the injured witness and the doctor were not examined, and whether the proper course was to resort to examination on commission under Section 284 of the Code of Criminal Procedure, 1973.
Analysis: The injured witness was shown to be bedridden and unable to attend court. In such a situation, the statutory course is to consider dispensing with personal attendance and to examine the witness through a commission when the evidence is necessary for the ends of justice. The failure to adopt that procedure, and the consequent non-examination of material witnesses, was held to have resulted in miscarriage of justice. The acquittal was therefore not allowed to stand, and the matter was directed to be reconsidered after examining the injured witness, either in court or through a court commissioner, with opportunity to both sides.
Conclusion: The acquittal was set aside and the matter was remitted for fresh disposal in accordance with law after examination of the necessary witnesses.
Final Conclusion: The appeal succeeded, the judgment of acquittal was vacated, and the trial court was directed to proceed afresh by ensuring examination of the injured witness through the procedure contemplated by law.
Ratio Decidendi: Where a material witness cannot attend court due to incapacity and the evidence is essential to the ends of justice, the court should invoke commission procedure under Section 284 of the Code of Criminal Procedure, 1973 rather than dispose of the case without such evidence.
TaxTMI 
TaxTMI 
