Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that accused forcibly took away ornaments of prosecutrix - However, said allegation is false and afterthought because jeweller with whom said alleged ornaments were mortgaged stated that he knew accused as well prosecutrix, as..........
Criminal Procedure Code, 1973, Section 427(1) -- Concurrent running of sentences - Accused convicted in nine separate and distinct cases - All the convictions took place on same day - However, no specific direction was issued by trial Court within ambit of S.427(1) Cr.P.C so as to allow subsequent sentences to run concurrently - Sentences imposed on accused in nine..........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - Two witnesses of last seen turned hostile - Hostility of witnesses not a new ground for granting bail to accused...........
Family Courts Act, 1984, Section 7(1)(f), Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Jurisdiction of Family Court - Conversion of maintenance petition u/s 18 of HAMA Act to S.125 Cr.P.C - Special jurisdiction is conferred on Family Court u/s 7 of Family Courts Act to deal with both the proceedings either u/s 18 of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness cannot be recalled merely on the ground that certain important questions were not put during course of cross-examination...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - Petitioner failed to show that without recalling witnesses, Court is unable to deliver judgment - What is left out to be asked to said witnesses is also not stated in application - There is thus, no question of recalling PWs that too on an application made by accused after approximately two and a half years of..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Not an empty formality - Accused must be explained circumstances appearing in evidence against him so that he can offer an explanation...........
Criminal Procedure Code, 1973, Section 464 -- Omission/error in framing charge - Finding and sentence of Court cannot be invalid merely on the ground of error in framing charge or omission in framing charge - Finding and sentence will be invalid only if in opinion of Court of appeal, error or omission has occasioned failure of justice...........
Criminal Procedure Code, 1973, Section 213, 313 -- Charge - Misleading charge framed - There is every possibility of accused getting misled due to framing of incorrect charge - Most material circumstances brought on record not put to accused in his statement u/s 313 Cr.P.C. - Prejudice has occasioned failure of justice - Since, incident occurred 22 years ago, it is not..........
