cpc

discharge u/s 239


Merely because accused has not filed discharge application under section 239 of crpc, can he be held guilty?? if not please share supportive authorities please


thanks
 
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Advocate

What are the facts? What is the context?

 
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sir, the trail court held guilty to the accused under section 409 of IPC, the accused has made allegations on complaint, and trial court held that, if the accused is innocent he could has filed discharge application, and also could has taken legal action against complaint, and accordingly convicted accused by these reasonings
 
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Advocate

The facts posted are less than convincing. The conviction ought to be based on evidence adduced and proved by the complainant/prosecution.

 
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