Monday, 10 September 2018

2014 P Cr. L J 1106


---S. 265-K --- Power of Court to acquit accused --- Provisions of S. 265-K, Cr. P. C., never prevented a court from acquitting an accused at any stage of the case, if after hearing the prosecution and accused, and for the reasons to be recorded, the court would consider that there was no probability of accused being convicted of the offense alleged against him --- Though there was no  legal embargo for exercising of power conferred under S. 256-K, Cr. P. C. --- but even then the court, could not deprive the prosecution by giving the opportunity to produce tangible evidence under S. 265-K, Cr. P. C. ---Mandatory for the court that discretion must be based on reasons, exercised with due care and caution with sole object to prevent fruitless trial, when it was apparent from the record that there was no probability of accused being convicted of the offense. (p. 1110) E

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