Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - Can be granted where it is shown that conclusions arrived at by trial Court are perverse or there is misapplication of law or any legal principle - High Court cannot entertain petition merely because another view is possible or that another view is more plausible...........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Appellate Court may only interfere in appeal against acquittal when there is substantial and compelling reasons to do so...........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 376(2)(f), 506 -- Appeal against acquittal - Leave to appeal - Rape - Prosecutrix not levelled allegations of rape in her first version before police - Allegations of rape levelled by prosecutrix after period of 8 days from date of occurrence - Civil disputes pending between parties relating to..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 376, 306 -- Appeal against acquittal - Leave to appeal - Rape - Abetment of suicide - No evidence against accused found by I.O while conducting investigation - Family members of deceased not supported prosecution story and turned hostile - Prosecution failed to give any cogent and reliable..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite the judgment or to give reasonings, when the reasons assigned by Court below are found to be just and proper...........
Criminal Procedure Code, 1973, Section 372, 378(4) -- Appeal against acquittal by victim - Leave to appeal - Victim preferred an application u/s 482 Cr.P.C. to treat the appeal initially filed u/s 372 Cr.P.C. to be one u/s 372 read with S.378 Cr.P.C. - Though High Court observed that no such leave was necessary, but since there was already an application on behalf of..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Merely because `Leave' is granted, it will not preclude Court when real facts are bought to its knowledge from coming into question whether `Appeal' is competent or maintainable or not - Maintainability of appeal can be argued at any stage and permission to file appeal earlier by..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Complainant as payee u/s 7 of N.I. Act or holder in due Course u/s 9 of N.I.Act - Entitled to seek `Leave' u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Friendly loan - Capacity to advance loan - There is no document on record to show the loan transactions - Even, no date has been mentioned as to when loan was given to accused - Moreover, there is nothing in..........
