Showing : 1061-1070 of 3633 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Application u/s 311 Cr.P.C. - Not to be allowed to fill up a lacuna in the case of the prosecution, or of the defence, or to the disadvantage of the accused, or to cause serious prejudice to the defence of the accused, or to give an unfair advantage to the opposite party - Additional evidence must..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Court is empowered to summon a material witness, or to examine a person present at "any stage" of "any enquiry", or "trial", or "any other proceedings" under the Cr.P.C., or to summon any person as a witness, or to recall and re-examine any person who has already been examined if his evidence..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Power to re-appreciate evidence - Held, while dealing with an appeal against acquittal, High Court has a duty to scrutinize evidence and sometimes it is an obligation on part of High Court to do so - Power is not curtailed by any of provision of CrPC - While..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Object of - Held, statement u/s.313 Cr.P.C. is recorded to meet requirement of principles of natural justice as it requires that an accused may be given an opportunity to furnish explanation of incriminating material which had come against him in trial - In a case of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 313-- Statement of accused recorded u/s 313 - Use of - Held, such statement cannot be made basis for conviction of accused - His answers to questions put to him u/s 313 cannot be used to fill up gaps left by prosecution witnesses in their depositions - Thus, statement of accused is not substantive piece..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Evidence Act, 1872, Section 145, 146, Criminal Procedure Code, 1973, Section 161-- `Previous statement' - Cannot be extended to include statement made by a witness after filing of charge sheet - Held, statement made by a witness in a television interview after filing of charge sheet cannot be used to confront him at time of cross examination...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 157-- Delay in sending FIR to Magistrate - Effect - FIR was recorded without delay and investigation started on the basis of FIR - Defence failed to show that any prejudice is caused to accused on ground of alleged delay in sending copy of FIR to Magistrate - Held, in absence of any other infirmity,..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 156(3), 190-- Complaint - Cognizable offence - In the case of a complaint regarding the commission of cognizable offence, the power u/s 156(3) Cr.P.C. can be invoked by Magistrate before he takes cognizance of the offence u/s 190(1)(a) of the Code - However, if he once takes such cognizance and embarks upon the..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 357-- Compensation to victim of offence - Duty of Court - Held, S.357 Cr.P.C. confers a duty on Court to apply its mind to question of compensation in every criminal case - It necessarily follows that Court must disclose that it has applied its mind to this question in every criminal case - Application..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 156(3)-- Report received u/s 156(3) Cr.P.C. from the police after investigation - Magistrate can act on the report and discharge the accused or straightaway issue process against the accused or apply his mind to the complaint filed before him and take action u/s 190 of the Code...........

Showing : 1061-1070 of 3633 Results