Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 193 -- Giving false evidence - Offence u/s 344 Cr.P.C and S.193 IPC cannot be acted simultaneously, as offence u/s 344 Cr.P.C is a summary trial while offence u/s 193 Cr.P.C is a warrant trial procedure - Magistrate is require to decide as to whether he wants to proceed u/s 344 Cr.P.C or u/s 193..........
Criminal Procedure Code, 1973, Section 344, 482 -- Giving false evidence - Show cause notice - Notice issued to accused for purpose of giving them an opportunity of showing cause - Court was not required to give elaborate reasons for its satisfaction for proceeding summarily to try witnesses for giving false evidence - At this stage Court of Sessions or Magistrate is only..........
Criminal Procedure Code, 1973, Section 344 -- Tendering false evidence - Rape case - Prosecutrix turned hostile - Occurrence had taken place 14 long years ago - Prosecutrix was barely 9 years old on the date of occurrence - She may have since been married and settled to a new life, all of which may possibly be jeopardized, if prosecutrix is prosecuted u/s 344 Cr.P.C -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 313, 365, 344, 120B -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 313, 365, 344, 120-B IPC - Applicant prayed for stay of order of conviction as she intends to contest the elections in State of Punjab - However, involvement of applicant in serious offence..........
Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 366, 376(2)(g) -- Abduction and rape - Prosecutrix changing her version again and again and giving false statement in Court - It is still to be decided as to which part of the statement is false - Proceedings drawn by trial Court u/s 344 Cr.P.C. shall proceed in accordance with law - Conviction of..........
Criminal Procedure Code, 1973, Section 340, 344 -- Witness resiling from statement and denying participation during investigation - Trial Court not to be mute spectator to the statement of such witnesses - Action should be taken under the relevant provisions of law against such witnesses, so that the administration of criminal justice does not suffer...........
Criminal Procedure Code, 1973, Section 340, 344 -- Witness giving false evidence or fabricating such evidence - Court before which it is committed has power u/s 344 Cr.P.C. to punish the offender instead of resorting to provision of S.340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 344 -- Salient features of the provision of S.344 Cr.P.C. are : (1) Power u/s 344 Cr.P.C. can be exercised by Court of Sessions or Magistrate of the First Class; (2) Court can exercise power only at the time of delivery of the judgment or final order; (3) offender should be given a reasonable opportunity of show cause; (4) maximum..........
Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 193 -- -Giving false evidence - Prosecution for - Conjunction of S.193 IPC and S.344 Cr.P.C. - Held, not permissible - A grave prejudice has been caused to petitioner as he has not been made to understand whether he has been tried u/s 344, Cr.P.C. or u/s 193 IPC...........
Indian Penal Code, 1860, Section 193, 211, Criminal Procedure Code, 1973, Section 195(1), 344 -- FIR lodged against applicant for offence u/s 182 IPC by Sessions Court for lodging a false report against the applicant - Held, that in view of bar created by S.195 Cr.P.C. cognizance for an offence punishable under S.182 can be taken on complaint in writing of public servant -..........
