Supreme Court of India

Asim Akhtar v. The State of West Bengal & Anr.

Neutral citation
Reported as [2024] 10 S.C.R. 911
Bench Vikram Nath and Prasanna B. Varale JJ.
Decided 18 October 2024

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.

What the Court ordered

We are of the view that the Trial Court was correct in proceeding under section 232 CrPC and accordingly acquitting the appellant-accused, treating it to be a case of no evidence.

Judgment, page 9

From the headnote

Issue for Consideration Whether there is a mandate to decide the application u/s. 319 CrPC before cross-examination of other witnesses. Headnotes† Code of Criminal Procedure, 1973 – s.319 – During the trial, the examination-in-chief of the victim (respondent no.2)-PW-1, her mother (PW-2) and her father (PW-3) was recorded – Respondent no.2 filed an application u/s.319 CrPC for summoning the father and mother of the accused-appellant – Thereafter, the above three prosecuting witnesses did not appear before the trial Court for cross-examination and insisted for deciding application u/s.319 CrPC

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