Indian Penal Code, 1860, Section 302, 460 -- Murder - Major contradictions in statements of PWs - Prosecution strongly relied upon testimony of two child witnesses, which do not inspire confidence - Incident occurred on the terrace and it is quite surprising that no one interfered or came to place of occurrence until morning - Information regarding incident occurred at 2..........
Criminal Procedure Code, 1973, Section 301, 24 -- Role of Public prosecutor - Duty is cast on Public Prosecutor to act with responsibility - Public Prosecutor is expected to act as an independent person and not to be totally guided by instructions of Government but is required to assist the Court...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High Court in revision petition..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40.500 kg poppy husk - Delay in sending samples - Samples were sent to FSL after delay of 12 days - Constable after receiving samples kept the same for two days without recording his presence - Register no.19 was not produced on record in which entry related to time of taking out sample and..........
Service -- Dismissal - Disciplinary inquiry - Non-appointment of Presenting officer - Statutory rule as applicable to case in hand does not mandate appointment of Presenting Officer - However, Enquiry officer himself acted as prosecutor and judge in the disciplinary enquiry and led the examinatio, i, chief of PWs by putting questions - Capacity of independent adjudicator..........
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Complaint against accused filed by Public prosecutor on the very same day on which sanction for prosecution was accorded - Haste with which complaint was filed prima facie indicates that public prosecutor may not have applied his mind to materials placed..........
Criminal Procedure Code, 1973, Section 199(2), Indian Penal Code, 1860, Section 499, 500 -- Prosecution for defamation - Alleged defamatory statements have no reasonable nexus with discharge of public duties by or office of Hon'ble Chief Minister - Remedy u/s 199(2) Cr.P.C and S.199(4) Cr.P.C thus, not available - More so, Public Prosecutor admitted that he filed the..........
Criminal Procedure Code, 1973, Section 319, 301 -- Application u/s 319 Cr.P.C filed by third party - Not maintainable as intervention of third party in criminal cases is not desirable and it is duty of Public Prosecutor to conduct prosecution...........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recording statement of victim - Public Prosecutor to satisfy himself that the prosecutrix appearing before the Court to depose is a genuine witness - Public Prosecutor may from his own source or on the basis of other identification proof which may include Driving Licence, Passport, Aadhar Card, Voter ID..........
Criminal Procedure Code, 1973, Section 207, Evidence Act, 1872, Section 3 -- Issuance of copy of material objects to accused - `Tablet' produced before Court is material object and accused not entitled to a copy of it - But counsel of accused shall be allowed to examine it in his presence and take notes in presence of prosecutor under direct supervision of Chief..........
