Showing : 71-80 of 250 Results

PATNA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, no distinction can be made between a case instituted by complainant/informant with police and by complainant before Court directly - An absolute right of victim (complainant or not) to file an appeal..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 397, 401-- Revision against acquittal - Re-appreciation of evidence is not possible in a revision against acquittal unless and until there are some procedural irregularities or illegalities in the decision of case - Even if reading of evidence by trial court is free from flaw the same cannot be ground to..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378-- Dowry death - Order of acquittal - Interference with - Held, interference against an order of acquittal should not be a matter of course - However, where trial Judge commits a jurisdictional error, appellate Court is entitled to interfere and correct error - In present case, trial Judge arrived at..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal by victim - Delay of 725 days - Condonation - Since there is no procedure to inform victim after acquittal or conviction in the case, victim may get information as regards fate of case, after a long lapse of time - Long lapse of time may occur in filing appeal by victim in..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 256, 378-- Death of complainant - Appeal against acquittal - Impleadment of LRs of complainant - Held, no provision in the Code providing impleadment of person in place of appellant who has preferred an appeal either u/s 372 or 378(4) CrPC - Right to prosecute an appeal is provided only in favour of heirs of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7, Criminal Procedure Code, 1973, Section 378, 386-- Corruption case - Appeal against acquittal - Held, in exceptional circumstances, appellate Court for compelling reasons should not hesitate to reverse judgment of acquittal passed by Court below, if findings so recorded by Court below are found to be perverse - While doing so, Court must bear in..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 110(g)-- Habitual offender - Quashing of proceedings - Allegations made in complaint and document (Annex.1) highly contradictory - Only single case under Excise Act registered against petitioner which resulted into acquittal - Police Officers resorted to the proceedings to cover up their failure and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Malicious prosecution -- Damages - Acquittal in a criminal case - By itself not a ground to claim damages - It is only when plaintiff pleads and proves that complaint in the criminal case was motivated and done with a malicious intention - Two facts are relevant in this regard i.e. (i) in case there is an indication in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 106-- Criminal Trial - Fundamental principles to be kept in mind - Held, absolute onus is always on prosecution to prove its case beyond any reasonable doubt - Accused cannot possibly be convicted without any substantive evidence as evidence is essential element in criminal proceedings notwithstanding..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 372, 378, 190(a), 200, Negotiable Instruments Act, 1881, Section 138-- Private complaint - Appeal against acquittal - Held, an appeal against acquittal of accused by complainant in a case instituted on a private complaint u/s.190(a) r/w S.200 Cr.P.C. will not lie u/s.372 Cr.P.C. before Sessions Court but lie before High Court with special leave u/s.378(4) Cr.P.C...........

Showing : 71-80 of 250 Results