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SULTAN KHAN versus SOBDAR


Section 265K Power Trial Court acquits the accused under Section 265 K, CR PC before accusing the scope trial court of acquittal at any stage and recording the evidence. This statement of the complainant and the prosecution witnesses provided sufficient material to bring the case against the accused on a regular file, whereas after the accused was acquitted under Section 265, CRPC, the trial court Observed that there were major contradictions between the statements of the complainant and the prosecution's witnesses. Therefore, there will be no possibility of the accused being convicted; both said that the trial court's contradictions are contrary to each other and that they cannot reveal the truth, under section 265, CRPC to acquit the accused. The time was based on the trial court's observations. Assumptions and do not support any evidence, should have been a proper and safe course Record the evidence to provide the witnesses with the opportunity to cross-examine the accused and then, based on the evidence stated, the trial court could find the truth or error of the allegations Should have been detected. The order passed by the trial court was set aside and the case remanded. For the trial, record the evidence of the testimony of the prosecution in which the accused had the opportunity to cross-examine, and then decide the case.

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