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Supreme Court: Injury Report not an essential element in establishing a case under 323 IPC

Team SoOLEGAL 28 Jul 2021 4:27pm

Supreme Court: Injury Report not an essential element in establishing a case under 323 IPC

The Apex Court held that it is not necessary to produce an injury report in order to establish a case under Section 323 IPC.

In the instant case, the accused were charged with offence under Section 323 and 147 IPCand were also sentenced 6 months of simple imprisonment. The accused allegedly had formed an unlawful assembly during an election apparently “to snatch the voters list and cast bogus voting” and assaulted workers involved in the same.

A contention regarding the injury report was raised by an accused, stating due to lack of the report on record, the charges under Section 323 IPC were ineffectual.

The division bench comprising of Justices D.Y. Chandrachud and M.R. Shah noted that any evidence produced by the injured witnesses are advantageous and very strong compelling grounds were required to scrap them. Further, the court observed that the statement given by the witnesses were consistent and strongly supported Prosecution’s case.

There after the bench held that production of injury report to establish a case under Section 323 IPC was not mandatory. Section 323 IPC is attracted when there is an intention to cause bodily harm. Thus, the conviction of the accused under Section 323 IPC was upheld based on the circumstances and facts of the case.

The court lastly concluded, the presence of all of the accused persons at the time of the incident, as well as their active participation, had been established and proven by the prosecution by examining witnesses who were both independent and injured witnesses.”



Tagged: Supreme Court   Apex Court   Section 323 IPC   Justice D.Y. Chandrachud   Justice M.R. Shah   Injury Report  
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