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Om Prakash @Prakash vs State ( Nct Of Delhi ) Tr Home

Supreme Court Of India|10 August, 2011
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JUDGMENT / ORDER

Summary

Issue: Production of Death Certificate
Rule: Section 32 of the Evidence Act
Application: The court must determine whether the production of the death certificate without the required declaration is sufficient to abate the appeal.
Conclusion: Based on the application of Section 32 of the Evidence Act, the court must ensure that the document produced is authentic and reliable. Since the death certificate was produced without the required declaration, the court cannot rely on it to abate the appeal.
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 919 OF 2009 OM PRAKASH @PRAKASH ..... APPELLANT VERSUS STATE (NCT OF DELHI) TR. HOME SEC. ..... RESPONDENT O R D E R Photocopy of death certificate pertaining to the appellant has been produced before us by Mr. Rahul Kaushik, learned counsel for the State of Delhi who states that he has received the same from the concerned Police Officer viz., Mr. Dhiren Sharma, Inspector in Nangloi Police Station. Certificate produced in Court may be kept on record.
The appeal is, accordingly, disposed of as having abated.
. J [HARJIT SINGH BEDI] . J [GYAN SUDHA MISRA] NEW DELHI AUGUST 10, 2011.
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Title

Om Prakash @Prakash vs State ( Nct Of Delhi ) Tr Home

Court

Supreme Court Of India

JudgmentDate
10 August, 2011
Judges
  • Rahul Kaushik
  • Harjit Singh Bedi
  • Gyan Sudha Misra