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Vedava P.   26 October 2016

Defence evidence at the time of framing charge

In a judgement of hon'bl supreme court on criminal appeal no. 1496 of 2012 it's stated as, "Even if, in a rare case it is permissible to consider the defence evidence, if such material convincingly eastablishes that the whole prosecution version is totally absurd, preposterous..." (11th point on page no. 11). So is it permissible to produce such defence evidence at the time of filing discharge application u/s 227 of crpc? Kindly enlighten me on this aspect.


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