Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Court while hearing acquittal appeal can re-appreciate evidence, however, it should not interfere with order of acquittal if the view taken by trial Court is also a reasonable view of evidence on record and findings recorded by trial Court are not manifestly erroneous, contrary to evidence on record..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 298, 323, 324, 341, 307, 302, 34 -- Bail - Offence u/ss 298, 323, 324, 341, 307, 302, 34 IPC - Incident occurred over issue of seats sharing etc. in train and there is neither any evidence of any preplanning to cause incident deliberately or intentionally to cause communal disharmony - There is..........
Criminal Procedure Code, 1973, Section 401, 482 -- Summoning of accused by revisionary Court - Offence u/ss 342, 500, 120-B IPC - There is no dispute that complaint filed by complainant was dismissed by Magistrate and complainant challenged the said order before revisionary Court - However, there is no evidence on record that revisionary Court while setting aside order of..........
Criminal Procedure Code, 1973, Section 173(8) -- Documents - Prosecution with permission of Court can file documents which were available even prior to filing of final report but due to inadvertence could not be produced at that time - Accused has every right to raise objection as to admissibility of document in evidence at the time of marking the document...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Return of case diary - After submission of charge-sheet/final report before concerned Magistrate or even after cognizance is taken against an accused by concerned Magistrate and after appearance of accused before it, investigating agency can request Magistrate to return case file for further..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Return of case diary - Rape case - Two applications filed one on behalf of respondent and other by Deputy Superintendent of Police - However, in said applications there is no mention that any material evidence was detected after filing First Report - There is thus, no justification in sending matter..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506 -- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9A, 25A, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 23320 kgs Methaqualone tablets - Bail - Petitioner tried to set up a plant for manufacture and trade of Methaqualone without ensuring that co-partner had a valid licence for commissioning of plant - No evidence on record that petitioner..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Honour killing - Prima facie involvement of applicants in the murder of deceased is on record - Though case is of circumstantial evidence, but in totality of circumstances, materials which are recovered, it can be said that applicants are involved in brutal murder of deceased - Bail..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Written complaint not scribed by PW1 and in cross examination she failed to name the person who wrote it - FIR is not a substantive piece of evidence and it can be used only for the purpose of corroboration or for contradiction - Such anomaly will not affect prosecution case if it is otherwise established through evidence..........
