Criminal Procedure Code, 1973, Section 374 -- Murder case - Appeal against conviction - Without proper analysis of evidence almost in a summary way High Court dismissed appeal - Held, such disposal of criminal appeal by High Court particularly in a case involving charge u/s.302 IPC where accused is sentenced to life imprisonment unsatisfactory - It was necessary for High..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Judgment of acquittal can be reversed in compelling circumstances when findings recorded by the Court below are found to be perverse i.e. if the conclusions arrived at by the court below are contrary to the evidence on record, or if the court's entire approach with respect to dealing with the evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Accused convicted u/ss 8, 22 of NDPS Act and sentenced to 15 years RI and to pay a fine of Rs.1.50 lacs - Incriminating evidence and circumstance occurred against accused not put to him during his examination u/s 313 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power to re-appreciate evidence - Held, while dealing with an appeal against acquittal, High Court has a duty to scrutinize evidence and sometimes it is an obligation on part of High Court to do so - Power is not curtailed by any of provision of CrPC - While re-appreciating and reconsidering evidence..........
Indian Penal Code, 1860, Section 376, 506 - - Rape - Criminal intimidation - Conviction - Validity - Accused alleged to have forcibly raped prosecutrix by threatening her life at knife point - Version of prosecutrix unassailable - Case of prosecution supported by evidence of other witnesses - As per medical evidence, hymen of prosecutrix found torn and ruptured - Accused..........
Criminal Procedure Code, 1973, Section 51(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband - Conviction - Validity - Polythene bag containing 17 vials of brown sugar recovered from blouse of accused woman - Evidence of male prosecution witnesses shows that accused was taken to corner of building by lady head constable where her..........
Criminal Procedure Code, 1973, Section 374 -- Conviction by trial Court - Appeal in High Court - High Court, as a first Court of appeal, on facts must apply its independent mind and record its own findings on the basis of its own assessment of evidence - Mere reproduction of the assessment of trial Court may not be sufficient and in the absence of independent assessment by..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Rape - Evidence as to age of prosecutrix not properly appreciated by trial Court - Sentence suspended till disposal of appeal...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against acquittal - Power of appellate Court is in no way circumscribed by any limitation and that power is exercisable by the Appellate Court to comprehensively review the entire evidence...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Trial Court failed to take note of relevant aspects and committed a grave error in rejecting reliable materials placed by prosecution - High Court as appellate Court analyzed the evidence and reversed the order of acquittal and found A1 and A2 guilty of offence u/ss 302 r/w S.34 IPC for murdering "R"..........
