Bringing you the Best Analytical Legal News
It is evident that the lack of effective legal representation has not only violated the fundamental rights of the accused under Article 21 of the Constitution but also seriously prejudiced his defence in the case.
“The chargesheet submitted without permission from the Magistrate concerned to investigate the offence, cannot be rendered valid in terms of provision of Section 155 (2) of the Code of Criminal Procedure, 1973 which lays down that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.”
“Section 29 of the POSCO Act cannot be interpreted to say that just because a charge-sheet is filed, the onus shifts on the accused to prove his innocence against the accusation.”