Criminal Procedure Code, 1973, Section 372 - - Right of appeal - Whether an appeal filed by State should not be entertained on ground that appeal preferred by victim invoking his right under proviso to S.372 Cr.P.C. against same order is admitted by Court? - Held, appeal by State is maintainable...........
Criminal Procedure Code, 1973, Section 372 - - Right of appeal - If victim prefers an appeal before High Court challenging acquittal invoking his right under proviso to S.372 Cr.P.C., whether that appellant is required to first seek leave of Court as required in case of appeal being preferred by State? - Held, if victim also happens to be complainant and appeal is against..........
Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 324, 504, 506 -- Private complaint - Conviction - Sentence - Enhancement sought by complainant by filing appeal - Lower appellate Court has entertained and decided the same - Held, lower appellate Court has exceeded its jurisdiction - After 2009 appeal for enhancement of sentence could have been..........
Criminal Procedure Code, 1973, Section 372 -- Proviso(as inserted by Act 5 of 2009) - Appeal against acquittal by victim - Applicability of proviso - Impugned judgment has been passed on 18.03.2009, whereas proviso to S.372 of the Cr.P.C. was inserted on 31.12.2009, that is to say, long after date of incident i.e. 05.03.2008 - Held, proviso to S.372 of the Cr.P.C. may not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(G), 342, 372, 373, 120B -- Regular bail - Grant of - After lodging of report investigating agency had got the statement of prosecutrix recorded by Magistrate - Said statement of prosecutrix is self explanatory which reveals that no offence what-so-ever had been committed by..........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Prevention of Corruption Act, 1988 - Victim - Scope of - Complainant who suffered loss on account of inaction and omission on the part of public servant will be termed as victim and would be entitled to file substantive appeal against order of acquittal in view of proviso to s 372 CrPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) - - Dishonour of cheque - Acquittal - Application of amended proviso to S.372 of the Code to the cases instituted upon complaint as contemplated by S.378(4) of the Code and, more particularly, to applications seeking leave to file appeals challenging judgments and orders of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Succession Act, 1925, Section 372 -- Necessary party - Application for grant of succession certificate - Application filed by widow and children of deceased - Petitioner sought impleadment as intervener claiming himself elder brother of deceased testator and denying that applicants are widow and children of deceased - Held,..........
Indian Penal Code, 1860, Section 306, 376, Criminal Procedure Code, 1973, Section 372, 377, Constitution of India, 1950, Article 136 -- Offence u/ss 306, 376 IPC - High Court acquitted accused u/s 306 IPC - Conviction u/s 376 IPC maintained but sentence reduced to that already undergone - Appeal by National Commission for Women and not by State or the heirs of deceased -..........
Criminal Procedure Code, 1973, Section 372(2) -- Rape - Trial in camera - Rape and unnatural offences allegedly committed by Headmaster on girl students aged between 8-12 years - Child witnesses who were also the victims, examined in open court, in the presence of litigant public, lawyers and court staff - Held, there was lapse on the part of trial court - Conduct of trial..........
