[Discharge U/s 245 CrPC] There Is Difference Between An Unrebutted Case & Unrebutted Evidence: Allahabad HC [Read Order]
LIVELAW NEWS NETWORK
25 Oct 2020 12:30 PM IST
![[Discharge U/s 245 CrPC] There Is Difference Between An Unrebutted Case & Unrebutted Evidence: Allahabad HC [Read Order] [Discharge U/s 245 CrPC] There Is Difference Between An Unrebutted Case & Unrebutted Evidence: Allahabad HC [Read Order]](https://www.livelaw.in/h-upload/images/750x450_the-code-of-criminal-procedure.jpg)
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25 Oct 2020 12:30 PM IST
The Allahabad High Court has held that while deciding whether to discharge an accused person under Section 245 of CrPC, the Court must examine if there is a "prima facie case" made out against him. The High Court has clarified that the Court has to examine whether a "case", which, if unrebutted, would warrant a conviction is made out and not whether "evidence" if unrebutted, would...
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