Showing : 1-10 of 303 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate Court - Documents in question are not necessary for adjudication of case u/ 138 of N.I. Act - Relevancy of documents was rejected during course of trial, therefore same cannot be made relevant in appeal - Even otherwise, S.391 Cr.P.C cannot be invoked if a plea..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Presumption of innocence which is attached to every accused person gets strengthened when such accused is acquitted by trial Court and High Court should not lightly interfere with decision of trial Court which has recorded evidence and observed demeanour of witnesses...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135-- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not indicate any injury on the neck or thigh of complainant - However,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 386(b)-- Power of appellate Court - While considering appeal Court should examine evidence of each prosecution witnesses on issues arising in the case and then Court should record finding either in affirmation or modification or reversal as the case may be...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 376C, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 27, 29, Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 376, 376-C of IPC and Ss.22, 27, 29 NDPS Act - Occurrence took place in the year 2013 and FIR and alleged medical came about after more than five years - Plea of consensual relationship - It does not appeal that prosecutrix was forced to snuff the contraband - No medical..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Neither FIR nor charge sheet mention the name of appellants - Complainant mentioned the names of appellant for first time in High Court that too without any substantive evidence - Impugned order of High Court to summon additional accused, not justified, hence set..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted one chance to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Mere fact that on re-appreciation of evidence, appellate Court is inclined to arrive at a conclusion which is at variance with trial Court, same cannot be reason for interference with order of acquittal...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 374-- Appeal against conviction - Defence evidence not discussed by High Court while passing order on merits in appeal - However, accused cannot blame High Court for this, since he failed to appear before High Court when matter was taken up for hearing - In the interest of justice accused is given..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
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 order set aside with..........

Showing : 1-10 of 303 Results