Case Analysis of Rafiq Ahmed @ Rafi Vs. State of UP

  • Radhika
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  • Radhika

    Student in India

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According to Section 396 of Indian Penal Code, 1860 dacoity with murder refers to the offence of committing murder along with dacoity by five or more persons conjointly and every person shall be punishable with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. This is one of the most heinous crime and accordingly the punishment is also very stringent therefore, becomes necessary to understand the nature of crime especially when the substantial question of law is involved. This case deal with heinous crime of Dacoity and Cold- blooded murder. However, there are various other facts that were covered in this case but primarily including these crimes. The earlier FIR was lodged by police against five accused under section 364 of Indian Penal Code. Further as the investigation proceeded various other sections i.e; section 302, 201, 396, 411 of Indian Penal Code was got involved. The acts involved under this case is Indian Penal Code, 1860 and Criminal procedural code, 1973 which is substantive and procedural laws respectively. The issues for determination are the substantive question of laws which needed an answer in the light of above-mentioned enactments. Both the petitioner and defendant side had made the fiery arguments and various cases have also taken into account as precedents while pronouncing the judgment by the court. The case has been analyzed with great depth so as to understand the reasoning and nature of the judgment passed by the court of law. This case analysis will help us to understand the point of view of court when some serious questions of fair trial, right to defense, granting more punishment than prosecuted for, has come up in front of the court to determine.



Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 1066 - 1075


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