9911796707
TMI Blog2000 (9) TMI 1090X X X X Extracts X X X X X X X X Extracts X X X X ..... Renu George, Advs. JUDGMENT K.T. Thomas, J. 1. Leave granted. 2. By the impugned judgment a Single Judge of the High Court ordered a redo of the whole laborious exercise once completed in full measure at great cost of time and energy, solely on a technical ground. 3. Respondent was charge-sheeted for the offences under Section 376 of the Indian Penal Code and Section 3 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The case was committed to that Court and resultantly that Court has no jurisdiction to try an offence under Section 376 of the IPC separately, according to the High Court. The operative portion of the High Court judgment reads thus: Consequently, the appeal is allowed. Conviction and sentence is set aside. Since the very commitment of the case to the Special Court by the learned Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The following is the dictum laid down by this Court: It is clear from Sections 14 2(1)(d) of the Act that it is for trial of the offences under the Act that a particular Court of Sessions in each district is sought to be specified as a Special Court, though the word trial is not defined either in the Code or in the Act it is clearly distinguishable from inquiry. Inquiry must always be a fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the fall out of such a view, if taken by the Single Judge, that it means all the witnesses once examined in full should be called back again, and the whole chief-examination, cross-examination, re-examination and questioning of the accused under Section 313 of the Code, hearing arguments, then examination of defence witnesses further again final arguments to be heard and preparation of judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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