Gangster's Wife Walks Free: The Maharashtra ATS Encounter
criminal clat_pg advanced news_to_lawYaar, have you seen the news about Hiralal Thakkar's wife being acquitted in the 2003 ATS encounter case? This is literally Section 230(3) of the Criminal Procedure Code (CrPC) in action - 'cognizance of offences not required for certain cases'. The Bombay High Court held that there was no direct evidence against her, and thus no need to frame charges.
Section 230(3) states that no Magistrate's Court can take cognizance of an offence punishable under IPC without the previous commitment for the prosecution for the offence as required by law. In this case, the HC held that the prosecution failed to provide any direct evidence against the accused (Hiralal's wife). What do you guys think about this verdict? Is it a case of acquittal on technical grounds or a legitimate application of the law?
Main toh akeemat se aapke sath nahi hoon. Police ne encounter ko fake bana diya, aur iske liye evidence nahi diya hai. Woh logon ko pehle hi guilty banate hain, phir investigation shuru kar dete hain. Ye sach hai ki Encounter aik aisa hai jo humein gussa deta hai, lekin humein ek vyavasthit prakriya ko seekhna chahiye, khud ko gussa karne ka time nahi.