Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, duty of Court is to verify prosecution records to see whether prima facie offence is made out or at least a strong suspicion to frame charge, though a mere suspicion would not suffice the requirement...........
Indian Penal Code, 1860, Section 376, 506II, 190, 34 -- Rape - Names of applicants are not mentioned in the FIR but in the statements of prosecutrix recorded u/ss 161 & 164 Cr.P.C., specific allegations have been leveled against applicants regarding abetment of committing rape by co-accused with prosecutrix - Prima facie it seems that applicants committed an offence u/s..........
Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 474, 166, 167, 193, 196, 199, 201, 203, 255, 260, 261, 262, 120B -- Cheating - Allegation that appellant in connivance with A-1/power of attorney holder filed tenancy case by showing power of attorney as genuine and impersonated one dead person as landlord - However, signatures on tenancy case and below the..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - Non-framing of charge would not vitiate a conviction when no prejudice has been pointed out by accused...........
Criminal Procedure Code, 1973, Section 465 -- Omission to frame charge - Even the absence of a charge by a Court will not vitiate the trial or judgment to be delivered in the case...........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - If the facts are such that a charge could be framed and yet it is not framed, but no failure of justice has in fact, been occasioned, thereby, the finding, sentence or order of Court of competent jurisdiction is not to be set aside on that ground...........
Criminal Procedure Code, 1973, Section 465 -- Framing of new charge - Accused faced trial in the Trial Court knowing well that a Court having no jurisdiction to try the case had framed the charge - He did not mention this irregularity while the Trial Court recorded the evidence - Without any objection, he participated in the trial and never raised a case that he was..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Minor nature of injuries is not sufficient reason to not frame a charge u/s 307 IPC...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, Court has to shift and weigh the material only for the purpose of forming an opinion as to whether there is any material to frame charge - While doing so, Court has to peruse entire charge sheet along with statements of victim and other witnesses as well as documents..........
