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2019 (3) TMI 2045

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....Advocate ORDER Heard the arguments of the revision petitioner's counsel and the respondent's counsel. 2. The petitioner is the accused before the trial Court and invoked section 397 read with section 401 of Cr.P.C. praying this Court to quash the judgment of conviction delivered by the trial Court and also the confirmation made by the lower appellate Court. 3. The factual matrix of the cas....

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.... the accused 4. The accused preferred an appeal before the lower appellate Court and in the appeal also the lower appellate Court confirmed the judgment and hence in this revision petition the petitioner has contended that both the Courts below failed to take note of the fact that statement of accused under section 313 of Cr.P.C. was recorded based on the sworn statement, which was recorded befor....

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.... complainant and the trial Judge did not give any opportunity to the accused after his appearance and on the very same day recorded the statement under section 312 of Cr. P.C. and again posted the matter for further examination-in-chief and for marking of the documents and defence evidence. All the Procedure adopted to the lower court is erroneous. The lower appellate Court also failed to notice t....