Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merely on assumption that what would happen at the stage of S.245 Cr.P.C, it cannot be said that a Magistrate may not exercise its jurisdiction u/s 319 Cr.P.C at the stage of S.244 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merely because a person is summoned u/s 319 Cr.P.C beyond the period of limitation, it cannot be said that cognizance is taken against him beyond limitation provided cognizance of offence has been taken within limitation...........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C - Mere delay in recording statement u/s 161 Cr.P.C is not sufficient to discard evidence of witnesses out rightly...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For quashing of proceedings u/s 482 Cr.P.C, an accused has to prove that un-controverted allegations do not make out an offence...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Prima facie evidence on record that accused had played an active role in instigating or adding commission of suicide by deceased by pressuring her to have physical relationship with him as well as to leave her husband and to marry him by..........
Criminal Procedure Code, 1973, Section 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44, National Investigation Agency Act, 2008, Section 17 -- Object of S.44 UAPA, S.17 NIA Act and S.173(6) Cr.P.C. is to safeguard witnesses - They are in the nature of statutory witness protection - On Court being satisfied that the disclosure of the address and name of..........
Criminal Procedure Code, 1973, Section 173(6), 161 -- Statement of prosecution witnesses - Supply of copies to accused - All statements of prosecution witnesses has to be supplied to accused - S.173(6) Cr.P.C. is an exception to the said provision - This is applicable in two eventualities, viz. (a) Statement is not relevant to the subject matter of the proceedings; (b) Its..........
Criminal Procedure Code, 1973, Section 207, 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44 -- Protected witnesses - Supply of copies of redacted statements of these protected witnesses - Trial Court passed the order permitting redaction of address and particulars of witnesses which could disclose their identities and other relevant paras in the statements..........
Criminal Procedure Code, 1973, Section 2(wa), 357A -- Victim - Child born to victim as a result of Sexual offence under POCSO Act is indeed her legal heir and also a victim in view of definition of `victim' - He must be adequately compensated for as it was accused who is responsible for bringing him in this world and then abandoning him at the mercy of an Orphanage...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Victim stated in her FIS that incident took place during Christmas holidays - However, while tendering evidence before Court, PW1 would state that she could not go to school for nine months due to stomach pain - Victim does not refer to time/period during which she could not go to school -..........
