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Rape Case Dismissal: AAA vs. Carbonell by nath is a document available to read on EtoBox.
In a rape case, the private complainant failed to appear for four consecutive court orders to testify and satisfy the judge of probable cause for an arrest warrant. The judge, Carbonell, dismissed the case for lack of probable cause, claiming he must personally examine the complainant and witnesses under the Constitution. However, the Supreme Court found the judge committed grave abuse of discretion. The Constitution does not require personal examination in all cases - the judge could have evaluated the pro
- Author
- nath
- Language
- EN