Criminal Procedure Code, 1973, Section 372, 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Dowry death case - Appellant being father of victim/deceased has statutory right to prefer an appeal to High Court against order of acquittal u/s 372 Proviso Cr.P.C. but only after obtaining leave of High Court as required u/s..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 304B, 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Appeal against acquittal - High Court dealt with appeal in a very cursory and casual manner without adverting to legal contentions and evidence on record - Appeal dismissed by passing a cryptic order - High Court failed to exercise its..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Complaint u/s 138 of N.I. act dismissed by trial court - Leave to appeal against order of acquittal passed by trial court lies before High Court u/s 378(4) of CrPC and not before Sessions Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of Sulpha (charas) - Appeal against acquittal - Leave to defend - Material contradictions and discrepancies in the statement of PWs regarding search and seizure - There was delay in sending samples as well as special report to Area Magistrate - No..........
Indian Penal Code, 1860, Section 376, 354, Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal -When genesis of prosecution version gets submerged in a taint of falsehood, as a corollary then, courts would obviously be inclined to not construe version rendered by prosecutrix qua the genesis of occurrence to be trustworthy or credible - Effect of falsity..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If the evidence recorded in judgment of acquittal shocks the conscience of Appellate Court or shows that norms of legal process have been disregarded or substantial and great injustice had been done, same can be interfered with...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Interference in the case only if the testimony of sole witness is of such character that it could be fully relied upon - In the present matter where the accused are being tried for an offence punishable with capital punishment, the scrutiny needs to be..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
Criminal Procedure Code, 1973, Section 372, 378(3), (4) -- Appeal against acquittal by victim - Leave to appeal - No such leave is contemplated by S.372 Cr.P.C. - No formal application for grant of leave is required for filing appeal against acquittal by victim...........
