Recording evidence without charge

Vijay Kumar (Querist) 31 July 2012 This query is : Resolved
In a case, statements of 3 PWs has been recorded. Now the court realized that inadvertently, charge was not framed. Now it has framed the charge.

What benefit can be derived by accused out of this illegality?

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Adv.R.P.Chugh (Expert) 31 July 2012
Such irregularity won't vitiate the trial, as the same has not ocassioned a failure of justice to the accused. It was rectified in time, and the accused has not been prejudiced irreperably as there has been no verdict. The matter can be remanded back to the stage of charge framing.

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