Section 298 of CrPC : Section 298: Previous conviction or acquittal how proved.

CrPC

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Explanation using Example

Example 1:

Scenario: Rajesh is on trial for theft in a Mumbai court. The prosecution wants to prove that Rajesh has a history of similar offenses to establish a pattern of behavior.

Application of Section 298:

  • The prosecution obtains an extract certified by the officer in charge of the records at the Delhi court, where Rajesh was previously convicted of theft. This extract is a copy of the sentence order from the Delhi court.
  • Additionally, the prosecution presents a certificate signed by the officer in charge of Tihar Jail, confirming that Rajesh served his sentence there.
  • The prosecution also provides evidence, such as fingerprints or photographs, to establish that the Rajesh in the current trial is the same person who was convicted in Delhi.

Example 2:

Scenario: Priya is acquitted of fraud charges in a Bangalore court. Later, she is accused of a similar fraud in Chennai. Her defense team wants to prove her previous acquittal to argue that she has been wrongly accused again.

Application of Section 298:

  • Priya's defense team obtains an extract certified by the officer in charge of the records at the Bangalore court, showing the order of acquittal.
  • They also present evidence, such as id...

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