Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Interference in the case only if the testimony of sole witness is of such character that it could be fully relied upon - In the present matter where the accused are being tried for an offence punishable with capital punishment, the scrutiny needs to be..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in prosecuting the case prior to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Material on record is sufficient to raise doubt regarding story of complainant - Even, discrepancy regarding mutual settlement between parties not duly explained by complainant - Moreover, complainant failed to prove his case and..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - S.378(4) Cr.P.C. is a special provision dealing specifically with appeal by complainant in case of acquittal of accused in compliant cases and as such it will have overriding as well as exclusive application and effect in cases of acquittal of accused instituted upon complaint...........
Malicious prosecution -- Damages - Three circumstances would require to be fulfilled: (i) prosecution of claimant in a criminal case; (ii) acquittal in criminal case; and (iii) proof of malice of prosecutor...........
Criminal Procedure Code, 1973, Section 372 -- Acquittal - Appeal by victim - Question whether word `victim' means any person other than a `guardian' or `legal heir' also for the purpose of maintaining an appeal and whether ratio of Division Bench in case of Edal Singh lays down correct law - Referred for authoritative pronouncement by a Larger Bench...........
Criminal trial -- Acquittal of co-accused who abetted the crime and instigated main accused to kidnap the child not to be taken into consideration for acquitting the main accused as there is no reason how acquittal of co-accused would affect the case of main accused...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 148, 323, 325, 452, 149 -- Appeal against acquittal - House trespass with intention of causing grievous hurt - Fight between the parties without any prior motive - Complainant admitted that fight took place in an open area - Accused has also suffered injuries but the said injuries are not..........
Service -- Departmental proceedings - Acquittal in criminal case - Departmental proceeding can proceed even though a person is acquitted when acquittal is other than honourable...........
Criminal Procedure Code, 1973, Section 372, 378(4) -- Appeal against acquittal - Remedy available to victim : (i) The `complainant' in a complaint-case who is also a `victim' and the `victim' other than a `complainant' in such case, shall have remedy of appeal against acquittal u/s 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is..........