The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act,1989  - Section 3 (1) , The Code of Criminal Procedure, 1973  - Section 193

Court of Sessions directly taking cognizance of offence without its committal by Magistrate - Cognizance of offence directly taken by Special Judge without being committed to it by Magistrate under Section 193 Criminal Procedure Code - Does not vitiate the trial on this ground alone as it was procedural lapse and there is no failure of justice or no prejudice is caused to the accused.

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Criminal Laws  - Fair Trial

Fair trial - Includes fair and proper opportunities allowed by law to the accused to prove innocence and, therefore, adducing evidence in support of the defence is a valuable right and denial of that right means denial of fair trial - It is essential that rules of procedure designed to ensure justice should be scrupulously followed and the courts should be zealous in seeing that there is no breach of them - Further held - (i) A 'fair trial' is the heart of criminal jurisprudence and, in a way, an important facet of a democratic polity that is governed by Rule of Law - Denial of 'fair trial' is crucifixion of human rights. (ii) Concept of 'fair trial' and its significant facets, it is apt to state that once prejudice is caused to the accused during trial, it occasions in 'failure of justice'.

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Criminal Laws  - Per incuriam

Per incuriam - Meaning of - The Latin expression per incuriam means through inadvertence - A decision can be said generally to be given per incurriam when this Court has acted in ignorance of a previous decision of its own or when a High Court has acted in ignorance of a decision of this Court - It a decision has been given per incuriam the court can ignore it. 1990(3) SCC 682, relied.

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Criminal Laws  - Bending Precedent

Bending Precedent - A pronouncement of law by a Division Bench of this Court is binding on a Division Bench of the same or a smaller number of Judges, and in order that such decision be binding, it is not necessary that it should be a decision rendered by the Full Court or a Constitution Bench of the Court.

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