Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Investigation was carried out and challan was presented - Total 22 PWs have been cited, however, no PW have been examined in the trial undertaken against petitioner after framing of charges -..........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act - At the stage of framing of charge/discharge, it is not possible to delve deep into the facts borne by records in order to decide whether such a presumption would be rebutted or not...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - If prosecution materials makes out an offence, non-mentioning of it in the final report does not bar the trial Court from framing a charge for that offence...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Proper framing of issue is a sine qua non for the purpose of a proper trial...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge, detailed analysis of entire evidence is not expected - Satisfaction is to be recorded that there are grounds for framing charge and not beyond that...........
Indian Penal Code, 1860, Section 354, 34 -- Offence u/ss 354, 34 IPC - Framing of charge - Injured witnesses were initially abused and assaulted and firearm were used in that incident and thereafter when wife of injured `J' reached at the spot, she was molested and her clothes were torn away - Victim and injured witnesses supported the prosecution case - Charges rightly..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Framing of charge - All three accused had opened fire - In order to attract provisions of S.307 IPC, intention is important - There are grounds for framing charge u/s 307 IPC - Charge rightly framed against accused...........
Punjab Courts Act, 1918, Section 41 -- Second appeal - S.41 of the Act, does not mandate framing of substantial questions of law for entertaining the second appeal - Therefore, a second appeal u/s 41 of the Act can be entertained by Punjab and Haryana High Court even without framing a substantial question of law...........
Criminal Procedure Code, 1973, Section 319, 193, Indian Penal Code, 1860, Section 304B, 34, 201 -- Summoning of additional accused - Court of Session can summon a person as an accused u/s 193 Cr.P.C between two stages i.e taking cognizance by Court of Sessions and framing of charges and proceeding with trial being Court of original jurisdiction - In such an event, Court..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit land is abadi deh - Application was filed before framing of issues alleging interference by defendants on the suit land which was denied by defendants - Onus to prove the case lies with plaintiff to prove the fact - Application rightly rejected...........
