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Conviction Can’t Be Set Aside If No Prejudice Has Been Caused To Accused By Non-Framing Of Charge

In KAMIL VS STATE OF UTTAR PRADESH, the accused contended that charge under Section 302 IPC was not framed against him and therefore the conviction of the appellant/accused under Section 302 IPC is not maintainable.

Referring to Section 464 CrPC, the bench observed that absence of charge would vitiate the conviction only if it has caused prejudice to the accused and has in fact been occasioned thereby. Perusing the charge sheet filed in this case, the bench said though specific charge under Section 302 read with Section 34 IPC was not framed, the gist of the charge sheet filed against the accused clearly shows that the accused has been charged for the offence under Section 302.

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