Showing : 31-40 of 481 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Proviso, 378(3), Protection of Children from Sexual Offences Act, 2012, Ss.4, 42 - Appeal against acquittal - Offence u/s 4 of POCSO Act - Appeal not maintainable in view of S.42 of POCSO Act, as offence u/s 4 of POCSO Act and S.376 and other offences under which accused are convicted are similar..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34-- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing retrial - No..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372, 378, Limitation Act, 1963, Article 114-- Appeal against acquittal - Limitation for preferring an appeal against order of acquittal by victim is 90 days in all cases, other than the cases instituted upon complaint and 60 days for any case instituted upon complaint against order of acquittal after High Court grants special leave to appeal...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal - Right to prefer an appeal conferred upon victim or relatives of victim by virtue of S.372 Proviso Cr.P.C. is an independent statutory right...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Inherent powers - Return of passport - During pendency of appeal against acquittal - On acquittal, there is a presumption of innocence in favour of petitioner - Until and unless, acquittal is converted into conviction, he is deemed to be innocent - Prayer for return of passport, accepted...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Criminal proceedings against husband - Husband though acquitted after trial in criminal proceedings launched by wife, however, appeal against same is pending and acquittal is yet to reach finality - Moreover, admission on the part of husband that his love..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256(1), 401, 378-- Non-appearance of complainant - Order of acquittal - Revision - Maintainability - If a complaint is dismissed prior to summoning of an accused, order may be challenged by way of filing a revision - But once S.256 Cr.P.C. comes into play dismissal of complaint has effect of acquittal of an accused..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973-- Appeal against acquittal - Right of appeal - Victim/complainant can file an appeal against acquittal of accused before High Court after seeking leave as provided u/s 378(3) Cr.P.C...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Appellate Court in case of acquittal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court are found to be just and proper...........
DELHI HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 482, 378-- Condonation of delay - Delay of 140 days in filing leave to appeal against acquittal - State failed to give reasonable explanation which caused delay in filing appeal - Application dismissed...........

Showing : 31-40 of 481 Results