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ANISA RAZZAQ versus STATE


Section 10 (2) of the Code of Criminal Procedure (v. 1898), Section 1604, Section 164, before the Magistrate, the offender's conviction on his statement given as a witness to the prosecution, is the same as his confessional statement. has been. The accused and his father were not mentioned in the FIR filed by his father as he was found innocent during the interrogation and was not challaned as the accused and testified against the principal accused. The trial court did not consider him guilty or not. The charge was registered under the Magistrate under Section 100, the statement of the accused on the request of the CCP Investigation Officer was a testimony of the prosecution and in any context of the imagination, the accused's confession cannot be considered a crime. Against another accused, the accused cannot be prosecuted by the trial court solely because he was never accused in the case. Or, the remand of the case by the trial court against the accused was also illegal as the statement made in these chief or cross examination before the court was illegal because it was not forwarded to the trial and it never had the right of the accused. Was not understood. From filing an FIR under section 2342 to recording its statement, the CC accused was acquitted and the remand order was also set aside.

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