Showing : 361-370 of 1335 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216, 217-- Charge - Addition or alteration - With alteration or addition of charge, if any prejudice is going to be caused to the accused in his defence or the prosecutor in the conduct of the case, Court has to proceed with the trial as if it altered or added the original charge by terming the additional or..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216, 217-- Charge - Addition or alteration - Even if the charge may be of same species, the provision for adjourning the trial is made to give sufficient opportunity to the accused to prepare and defend himself - Court is to even allow any further witness which Court thinks to be material in regard to the..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 216, 217-- Alternative charge - Charge framed u/ss 306 and 365 read with S.34 IPC - 26 witnesses examined - Thereafter alternative charge u/ss 302 read with S.34 IPC framed - Accused convicted in respect of alternative charge - There is no cross examination of witnesses insofar as charge u/s 302 IPC is..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 406, 408, 409, 477A, 120B-- Misappropriation of huge amounts of Association by musing position as office bearers - Compounding of offence - Allegations not purely of a personal nature - It is not the case of accused that final report does not contain adequate material to substantive the charge - Compounding of offence not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Where on appreciation of evidence on record, two views are possible, and trial Court has taken a view of acquittal, appellate Court should not interfere with the same - However, where view taken by trial Court is against weight of evidence on record or perverse, it is..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Question of sanction can be raised at the time of framing of charge and it can be decided prima facie on the basis of accusation - Even it is open to decision afresh in the light of evidence adduced after conclusion of trial or at other appropriate stage...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Complaint u/s 307 IPC - Magistrate can take cognizance of an offence and not offenders - Power of magistrate not restricted to summon only those accused who are arrayed in charge sheet - Magistrate can summon even those persons whose names have been deleted from charge..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 227, 91-- Framing of charge - Summoning of record or looking into defence material at the stage of framing of charge - Accused has no right to produce any document - Court cannot hold a mini trial at this stage - Impugned order allowing defence to place on record attendance register, set aside...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Where a person is named in FIR but not charge sheeted can be summoned u/s 319 Cr.P.C. provided it appears from evidence that such person can be tried along with accused already facing trial...........

Showing : 361-370 of 1335 Results