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Supreme Court of India

Chotkau v. State of Uttar Pradesh

Neutral citation
Reported as [2022] 9 S.C.R. 601
Bench S. Abdul Nazeer, A. S. Bopanna and V. Ramasubramanian JJ.
Decided 28 September 2022

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the delay of 5 days in transmitting t he FIR to the jurisdictional court, especially in the facts and circumstances of this case was fatal.

Judgment, page 26

From the headnote

Penal Code, 1860: ss.376, 302 – Rape and murder – Conviction for, and death sentence by courts below – Challenged – Held: There were very serious contradictions in the evidence tendered by prosecution witnesses on crucial aspects which m ade them completely untrustworthy – Sessions Court as well a s the High Court trivialized the major contradictions to hold that the c hain of circumstances was established unbroken – Delay of f ive days in transmitting the FIR to the jurisdictional court was fat al – Failure of the prosecution to subject the accused to medica l examination when ocular

Authorities it was built on

Where later benches applied it

Of those, 4 mentioned

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