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MUMTAZ versus MOIN


Sections 512 and 190 Sentencing of Crimes by Magistrate to Case Sessions Court Recording of evidence in the absence of trial / case / accused, he was not arrested or surrendered because of his felony. To preserve the evidence of, the complainant's statements and a witness were recorded by the magistrate, when the applicant surrendered, saying that the two witnesses had died, they could not be produced and their statements were made in section 51212, Filed under CRPC, this was proof only, section 121212, CRPC, was for protection of evidence. In cases where legal protection was given for the deployment of witnesses who may not have been alive when the accused appeared at the trial or was unable to provide evidence or their attendance without delay, expense or inconvenience Can't retrieve There was no nexus of the CRPC taking any consciousness, but it would proceed to the magistrate's independent existence on any evidence, applicable only if it confessed to the case and heard the crime. , And that the accused, who was earlier, would send the trial to the session judge, while section 51212, CRPC. Special provisions for the protection of evidence, where a defendant could not be paid a premium on his fugitive, and the evidence of witnesses was secure, which could be used later in the investigation or trial against him when he surrendered. And witnesses whose statements were recorded under the aforesaid section, either dead or unable to provide evidence, etc.

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