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Relative Of The Victim Being A Related Witness Cannot Be An Interested Witness: SC
Legal Era
|March 2019
All pending criminal prosecutions, trials and appeals prior to the law laid down in the judgment in Mohan Lal vs. State of Punjab (acquittal if investigator-informant the same person) will continue to be governed by individual facts of the case, the Supreme Court has observed.
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An appeal (Varinder Kumar versus state of Himachal Pradesh) against a conviction in an NDPS case was being considered by a bench comprising CJI RanjanGogoi, Justice NavinSinha and Justice KM Joseph.
The Mohan Lal judgment was strongly relied upon to contend that the prosecution had been vitiated as the informant and the investigating officer were one and the same person.
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