Supreme Court of India

Rafiq Ahmed @ Rafi v. State of U.P.

Neutral citation

Reported as [2011] 11 S.C.R. 907

Bench Dr. B.S. Chauhan and Swatanter Kumar JJ.

Decided 4 August 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

From the headnote

Penal Code, 1860: ss. 302, 396 - /legation of dacoity and murder - Charge c sheet filed ulss.396, 201 - Conviction u/ss.302 and 201 - Plea of appellant that he was charged for offence u/s. 396 but without reformulation/alteration of the charge, he was convicted for offence u/s.302 and this deprived him of a fair opportunity of defence and caused him serious prejudice; that 0 s.302 is a graver offence than an offence punishable u/s.396 and as such the entire trial and conviction of the appellant was vitiated in law; that there were serious contradictions between the statements of the witnesses

Authorities it was built on

1973 Shivaji Sahebrao Bobade & Anr v. State of Maharashtra cited by 159
1955 Willie (william) Slaney v. The State of Madhya Pradesh. cited by 64
2001 Shamnshaeb M. Multtani v. State of Karnataka cited by 26
2002 K. Prema S. Rao and Anr. v. Yadla Srinivasa Rao and Ors. cited by 14
1962 Stat.e of Andhra Pradesh v. Duvvuru Balarami Reddy cited by 13
1997 Sangaraboina Sreenu v. State of Andhra Pradesh cited by 8
2006 Anil@raju Namdev Patil v. Administration of Daman & Diu, Daman and Anr. cited by 4
2005 Harjit Singh v. State of Punjab cited by 3
2008 Dinesh Seth v. State of N.C.T. of Delhi cited by 2
1999 Kammari Brahmiah and Ors. v. Public Prosecutor, High Court of Ap. cited by 2

Where later benches applied it

2013 C.B.I. v. Ashok Kumar Aggarwal relied on
2013 Raj Kumar Singh @ Raju @ Batya v. State of Rajasthan relied on
2013 Union of India & Ors. v. Ex-gnr Ajeet Singh relied on
2012 Darbara Singh v. State of Punjab relied on
2012 Bhimanna v. State of Karnataka relied on
2021 Ganesan v. State Rep. by Station House Officer referred to
2020 Mukesh Singh v. State (narcotic Branch of Delhi) referred to

Of those, 5 relied on · 2 referred to

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