Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Procedure for - Held, prosecution must send entire relevant record to sanctioning authority including FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material - Record so sent..........
Indian Penal Code, 1860, Section 304B, 306, 498A, Criminal Procedure Code, 1973, Section 221, 222 -- Dowry death - Suicide within two years of marriage - Charge u/s 304-B - Beatings given to wife were not in connection with demand of dowry - Offence u/s 304-B IPC not proved - Accused guilty of offence u/ss 498-A, 306 IPC - Accused convicted u/ss 498-A, 306 IPC instead of..........
Criminal Procedure Code, 1973, Section 482 -- Complaint filed by appellant, alleging that he had been kidnapped, illegally detained, terrorized and threatened by respondents - Investigation concluded and respondents charge-sheeted only for offences u/ss 323 and 343 of IPC - Application for pleading guilty filed by respondents - Trial Court proceeded in great haste and..........
Criminal Procedure Code, 1973, Section 156, 173, Constitution of India, 1950, Article 32 -- Monitoring of case by Supreme Court - Held, monitoring of a case is continued till investigation continues - But when investigating agency appointed by Court completes investigation files charge-sheet, it would not be proper for Supreme Court to keep on monitoring trial which is..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - When charge sheet was submitted accused was not holding Public Office which he abused - Sanction for prosecution to prosecute the..........
Indian Penal Code, 1860, Section 302, 109, 304(Part I), Criminal Procedure Code, 1973, Section 228 -- Charge u/ss 302 read with S.34 IPC - Accused cannot be convicted u/s 304(Part I) IPC with aid of S.109 IPC in the absence of charge u/s 109 IPC...........
Indian Penal Code, 1860, Section 304B, 302, Criminal Procedure Code, 1973, Section 228 -- Dowry death - Charge u/s 304-B IPC - Charge u/s 302 alongwith charge u/s 304-B IPC not to be mechanically framed - Charge u/s 302 IPC can be framed if evidence otherwise permits - Ingredients constituting the two offences are different, thereby demanding appreciation of evidence from..........
Criminal Procedure Code, 1973, Section 216 -- Charge - Addition or alteration - Court at any time before judgment can add or alter charge - Question of addition or alteration of charge arise either because Court finds the charge already framed to be defective for any reason or because such addition is considered necessary after commencement of trial having regard to the..........
Criminal Procedure Code, 1973, Section 374 -- Murder case - Appeal against conviction - Without proper analysis of evidence almost in a summary way High Court dismissed appeal - Held, such disposal of criminal appeal by High Court particularly in a case involving charge u/s.302 IPC where accused is sentenced to life imprisonment unsatisfactory - It was necessary for High..........
Criminal Procedure Code, 1973, Section 439 -- Bail - "Reasonable grounds for believing" - Means the Court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge - It is not expected, at this stage, to have the evidence..........
