Criminal Procedure Code, 1973, Section 161, 162 -- Statement u/s 161 Cr.P.C. - If Court has not put any question to witness with reference to his statement recorded u/s 161 Cr.P.C., it is impermissible for Court to use that statement later even for drawing adverse impression regarding evidence of that witness...........
Criminal Procedure Code, 1973, Section 172 -- Case diary - Every police officer making an investigation shall enter his proceedings in a diary called as case diary - Any criminal Court may send for said `case diary' and may use such diary not as an evidence in the case, but to aid in such trial - Accused cannot call for such diaries and see them - However, if the case..........
Criminal Procedure Code, 1973, Section 161 -- Delay of 20 days in recording statement of PW4 - No explanation forthcoming justifying delay in recording statement - Delay of 20 days in recording statement of PW4 thus, assumes significance particularly since her version recorded u/s 161 Cr.P.C. is conspicuously absent in FIR - Evidence of PW4 is rendered suspect and must be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - While framing charge, Court should apply prima facie standard which is said to be made out when probative value of evidence on all essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of facts pertaining to such essential elements or..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Kidnapping and rape case - Prosecutrix changing her statement and naming different persons at different stages - Only one accused was involved in the crime and no challan was..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Where there is no proper evidence regarding income of husband, Court has no option but to presume the income of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - When both the sides failed to prove the income of husband by adducing proper evidence, matter requires to be remanded back to Family Court for appreciation of evidence - Case remanded for fresh decision - However, amount of maintenance cannot be disturbed at this stage and thereby..........
Criminal Procedure Code, 1973, Section 173(8), 2(d) -- Supplementary complaint - Maintainability - Supplementary complaint on additional evidence qua same accused or additional accused who are part of same larger transactions/conspiracy is maintainable, however, with leave of Court...........
Criminal Procedure Code, 1973, Section 389, 354, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Suspension of sentence during pendency of appeal against conviction - Stony silence regarding reasons in judgment and conclusion suffering from total non application of mind and material evidence on record over looked - Order of conviction stayed/suspended during..........
