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AIR 2020 SUPREME COURT 3521
::AIROnline 2019 SC 1375
Supreme Court Of India
Hon'ble Judge(s):
Rohinton Fali Nariman,
Sanjiv Khanna,
Surya Kant
, JJJ
(A) Constitution of India , Art.137— Judicial review - Scope. Scope of a Review is more constrained than that of an appeal. A party cannot be allowed to reurge the case on merits to effectively seek re-appreciation of evidence when the matter has already been decided earlier, even if on different grounds. Interference in the earlier judgement assailed in a Review is permissible only on the basis of an error apparent on the face of record or discovery of important new evidence which has a direct bearing on the ultimate outcome of the case and if not well appreciated, would cause manifest injustice.(Para 20) (B) Criminal P.C. (2 of 1974) , S.164— Confessional statement of accused -Presence of Advocate not mandatory when confession of accused before magistrate is not recorded by audio-video means. (Para 41) (C) Constitution of India , Art.137— Penal Code (45 of 1860) , S.302, S.376(2)(f), S.376(2)(g), S.201— Criminal P.C. (2 of 1974) , S.164(1)— Protection of Children from Sexual Offences Act (32 of 2012) , S.5(m), S.6— Review - Death penalty - Murder and rape of minor - Death penalty challenged on ground of non-compliance with safeguards for recording confessional statement o....
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