Criminal Procedure Code, 1973, Section 438, 439 -- Bail - While considering bail application, Court has to attach presumption of correctness to the statement of a witness recorded during investigation of case, particularly when said statement has been recorded by a judicial Magistrate...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 109 -- Anticipatory bail - Kidnapping and rape - Prosecutrix in her statement recorded u/s 164 Cr.P.C on two occasions clearly implicated accused by stating that she was kidnapped by him whereafter she was taken to some unknown place and subjected to forcible sexual assault - She has not..........
Criminal Procedure Code, 1973, Section 228 -- Non-framing of charge u/s 149 IPC - Mere defect in language or in narration or in the form of charge would not render conviction unsustainable provided accused is not prejudiced thereby...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Appeal pending for seven years - Rejection of application that it should be heard while hearing of appeal - Looks almost an impossibility - This is incorrect approach - Bail granted...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Compromise - Quashing of FIR - Offence is broadly committed against deceased - There can be no compromise with the dead man - FIR cannot be quashed on basis of compromise...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Order passed by Court framing charges against accused need not be detailed order, as S.228 Cr.P.C is tentative, meaning thereby if a strong suspicion exists in the mind of Court at the said stage, then same is sufficient for Court to proceed with framing of charge against accused...........
Criminal Procedure Code, 1973, Section 228 -- Word "presuming" in S.228 Cr.P.C has been consciously inserted by legislature with the intention that if Court strongly suspects that accused is in any way connected with commission of alleged offence, then it may proceed to frame charges against accused...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 332, 353 -- Framing of charges - Offence u/ss 307, 332, 353 IPC - Allegation that accused opened fire on police team when they attempted to stop accused and that accused subsequently also tried to run vehicle over police team - However, accused contended that there is no use of fire arm by..........
Criminal Procedure Code, 1973, Section 125(1)(b), Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Unmarried major daughter - Right of major unmarried daughter for maintenance from parents after attaining majority till her marriage flows from combined reading of S.125 Cr.P.C and S.20(3) of Hindu Adoptions and Maintenance Act - Maintenance rightly..........
