Evidence Act, 1872, Section 24, 26, Criminal Procedure Code, 1973, Section 164 -- Retracted confession - In a case where sufficient materials are brought on record to lend assurance to the Court in regard to the truthfulness of the confession made, which is corroborated by several independent circumstances lending assurance thereto, even a retracted confession may be acted..........
Evidence Act, 1872, Section 24, 26, Criminal Procedure Code, 1973, Section 164 -- Retracted confession - In a case where sufficient materials are brought on record to lend assurance to the Court in regard to the truthfulness of the confession made, which is corroborated by several independent circumstances lending assurance thereto, even a retracted confession may be acted..........
Service -- Departmental proceedings and criminal trial - There is no bar to proceed simultaneously with departmental enquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving complicated questions of fact and law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on superdari - Vehicle used in transportation of contraband - Petitioner registered owner of vehicle - Petitioner already released on bail - If vehicle is allowed to stand in the Police Station, it would not remain roadworthy - Its machinery,..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) cannot be treated as a complaint case - If allegations spell out commission of a cognizable offence Magistrate has no option but to direct police station concerned to register and investigate the matter...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - In a given case where admissible evidence is ignored, a duty is cast upon appellate court to reappreciate evidence where accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not...........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused - Applicant is not accused of kidnapping or abducting at all - Framing of charge against accused for criminal conspiracy to commit the same - Held, applicant cannot be held to be guilty prima facie of criminal conspiracy to commit the same - Basic ingredient of offence of criminal conspiracy namely a..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165, Indian Penal Code, 1860, Section 376(2)(c) -- Rape - Retarded woman - Case registered on report forwarded by Superintendent and Principal of Retarded and Child Rehabilitation Home - Statement of prosecutrix recorded by Magistrate under section 164 Cr.P.C. - Prosecutrix not examined during trial -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37, Criminal Procedure Code, 1973, Section 389 -- Bail - Guidelines for grant of bail to convicts under NDPS Act whose appeals are pending but not likely to be heard in near future viz. (i) Where the convict is sentenced for more than ten years for having in his conscious possession commercial quantity of..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Murder - Death sentence - Rarest of rare case - Murder while deceased was in deep slumber - Reason for commission of murder greed of money - Offence gruesome but method applied not cruel - Not a rarest of rare case - Death sentence converted to life imprisonment...........
