Indian Penal Code, 1860, Section 313, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 313 IPC - Allegations do not inspire confidence to construe an offence constituted u/s 313 Cr.P.C. - Offence took place long back in the year 2020 and prosecutrix further continued with relationship till 2022 - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 313(1)(b) -- Examination of accused - In a warrants trial, it is duty of Court to put all material before accused, which is found to be against him while recording evidence of PWs - This could have been dispensed only in a summons case and not in a warrants case and if Court fails in its duty to put across material, which came against..........
Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 313 -- Murder of four members of family - Dying declarations - Evidence of PW11 about dying declarations made by deceased persons has not been put to accused in his examination u/s 313 Cr.P.C - Even the fact that dying declarations were made by deceased to PW11 was..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Rape and murder of 10 years old girl - Material circumstances appearing in evidence against appellant have not been put to him - Version of main PWs was not put to him - However, since date of occurrence is of the year 2009 and incident is fifteen and a half years old, after such a long..........
Criminal Procedure Code, 1973, Section 313 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.351) - Examination of accused u/s 313 Cr.P.C - Court is entitled to secure the assistance of public prosecutor and advocate representing the accused to prepare the questions to be put in the examination u/s 313 Cr.P.C - A Public Prosecutor has to play an active role in ensuring that..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Evidence not confronted to accused u/s 313 Cr.P.C. by prosecution, cannot be read or relied upon in evidence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(3)(n), 376(h), 376(d), 377, 384, 307, 385, 366, 354, 354(A), 313, 502(2), 506, 504, 323, 34, Arms Act, 1959, Section 4, 25 -- Bail - Rape - Accused had sexually, physically and financially exploited the victim - Both accused and victim are married to their respective partners - Accused..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........
