Indian Penal Code, 1860, Section 376 -- Rape - Delay of 5 days in lodging complaint - Except sister-i, law of complainant, no other witness to the incident and no other material evidence on record - Medical report indicating some scratch marks or bruises which may be several days old - Held, only on the basis of certain bruises and scratches on the body of complainant, it..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Validity - Trial Court derived it's satisfaction only on basis of 2-3 sentences that occurred in examination-in-chief of PW4 - Examination-in-chief itself was not complete what to talk of cross-examination of PW4 - Held, Trial Court committed mistake in summoning revisionist to face trial in..........
Criminal Procedure Code, 1973, Section 227, 228 -- Charge - Court while framing charge has to rely upon the report u/s 173(2) Cr.P.C. along with documents appended thereto - At the stage of framing of charge accused is entitled to discharge on the basis of documents which are before the Court...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Law as to - Summed up : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning an additional accused should..........
Service -- Departmental enquiry - Statement of allegations when not served with the charge sheet, the enquiry stands vitiated as having been conducted in violation of the principles of natural justice - Charges should be specific, definite and giving details of the incident which formed the basis of the charges and no enquiry can be sustained on vague charges...........
Criminal Procedure Code, 1973, Section 240 -- Framing of charge - Charge cannot be framed on the basis of evidence recorded at the pre summoning stage...........
, Section 2(d), 190, 185 - - Drunken driving - Offence of - Filing of charge-sheet by police - Amounts to complaint - Held, documents (though called as charge-sheets) submitted to Magistrate by police alleging commission of offences punishable u/s 185 of the MV Act on the basis of which Magistrate takes cognizance are deemed to be complaints as defined in S.2(d) of the..........
Criminal Procedure Code, 1973, Section 154 -- Lodging of two FIRs - Quashing of later FIR - First complaint lodged by de facto complainant has been registered as FIR by SHO - Neither copy of FIR registered online nor complaint has been forwarded to jurisdictional Magistrate - It is only the FIR registered manually on the basis of later complaint lodged by complainant has..........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused - Magistrate in considering discharge application taken into account documents produced by accused - Held, at the time of framing charge or taking cognizance accused has no right to produce any material - Impugned order suffered material irregularity and illegality - Magistrate directed to decide..........
Criminal Procedure Code, 1973, Section 167(2) -- Petitioner arrested - Charge sheet filed within time - Supreme Court ordering CBI to investigate - CBI lodged fresh FIR - CBI not filing charge sheet within 90 days - Prayer for statutory bail - Not tenable because petitioner was arrested on the basis of first FIR and not the second time...........
