Criminal Procedure Code, 1973, Section 315 -- Examination of accused as defence witness - S.315 Cr.P.C not prescribed any time limit for invoking petition under said provision - Petition filed u/s 315 Cr.P.C thus, not hit by any legal bar expressly on the ground that it is belated - Unless convincing reason is available, Court cannot reject such petition - Order of..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Evidence sought to be produced is necessary - Petitioner has made out a case for taking additional evidence in appellate stage - He thus, permitted to adduce additional evidence at appellate stage - Application allowed - Directions issued...........
Evidence Act, 1872, Section 25, Criminal Procedure Code, 1973, Section 162 -- Confession - S.25 of Evidence Act protects accused in respect of confession made by him to police officer - Whereas, S.162 Cr.P.C protects accused if it is made during course of investigation...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 323, 341, 506, 379B, 201, 216, 34 -- Cancellation of bail - Offence u/ss.302, 323, 341, 506, 379-B, 201, 216, 34 - As accused are putting pressure upon witnesses for compromise and posting of such type of video on facebook shows their conduct that they are indirectly threatening witnesses..........
Criminal Procedure Code, 1973, Section 173(8) -- Direction for further investigation for third time - Four cancellation reports submitted by police - Court directed further investigation without recording any reason or without taking any document/evidence from complainant - There is no application of judicial mind except reasoning that complainant was not agreeing with..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of gold and silver ornaments etc. - Application filed by wife of accused against whom case is registered u/ss 13(1)(e), 13(2) of P.C Act - Court below rejected the application on ground that if interim custody of ornaments is given to applicants, there is every chance of changing their nature - However, even if..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 313 -- Recovery of 43 kg 500 gms ganja - Statement of accused - Evidence recorded in vernacular i.e in Marathi language, unknown to accused - No material on record that questions were put to accused in Hindi - Accused thus, have not understood questions put to them..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 377, 506 -- Quashing of FIR - Unnatural sexual intercourse - Complainant on three occasions in different petitions filed against petitioner and his family members made no mention about unnatural sexual intercourse - All these proceedings were instituted by complainant after alleged offence, but..........
Criminal Procedure Code, 1973, Section 386(b) -- Power of appellate Court - While considering appeal Court should examine evidence of each prosecution witnesses on issues arising in the case and then Court should record finding either in affirmation or modification or reversal as the case may be...........
