Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C. - Not evidence in strict sense - Conviction cannot be based merely on the ground that accused could not explain the circumstances - Once prosecution adduces evidence to bring home the charge, if the accused makes a deliberate false statement, Court can reasonably conclude that the accused has left..........
Criminal Procedure Code, 1973, Section 227, 228, 91 -- Framing of charge - Cognizance of offence - Accused does not have any right to produce any material at the time of framing charge - Moreover, accused cannot seek production of documents at that stage...........
Criminal Procedure Code, 1973, Section 228, 229, 482 -- Framing of charge - Production of documents - Trial Court cannot allow accused to produce any document at the stage of framing charges - However, High Court has such power to allow the accused under section 482 of the Code or under Article 226 of the Constitution...........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused at the stage of framing charge - If the evidence which prosecution proposes to adduce to prove guilt of accused, even if fully accepted does not show any offence committed by accused then accused deserves to be discharged...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 395, 397 -- Offence u/s 395/397 IPC - Bail granted as charge sheet not filed within 60 days in an offence u/ss 395/397 - Order not sustainable - Bail could only be granted if charge sheet is not filed within 90 days in an offence u/ss 395/397 - Bail cancelled - Accused to surrender and to seek..........
Criminal Procedure Code, 1973, Section 167(2) -- Offence u/ss 498-A, 306 IPC - Charge sheet not filed within 60 days - Application for bail filed - Subsequently charge sheet filed with addition of offence u/s 302 IPC - Held, as accused was arrested u/ss 498-A & 306 IPC as such charge sheet was required to be filed within 60 days and charge sheet having not been filed..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail application u/s 167(2) Cr.P.C. and charge sheet filed on the same day - Bail application heard on the next day and bail granted - No time mentioned as to at what time charge sheet was filed - From perusal of record, it is not clear whether charge sheet was filed prior to filing of bail application - It cannot be said..........
Criminal Procedure Code, 1973, Section 228, 397, 401, Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Charge - Trial Court framed charge u/ss 304-B and 498-A - High Court altered charge to S.306 IPC - Crucial question is whether suicide of deceased was in any way connected with demand of dowry - At the stage of framing charge High Court should not have..........
Indian Penal Code, 1860, Section 304B, 306, Criminal Procedure Code, 1973, Section 221, 215, 216 -- Dowry death - Charge u/s 304-B - Accused found not guilty of offence u/s 304-B but found guilty of offence u/s 306 - Accused can be convicted u/s 306 IPC even though no charge was framed u/s 306 IPC...........
Criminal Procedure Code, 1973, Section 228 -- Charge - Dismissal of application u/s 482 Cr.P.C. - Does not take away the right of accused to place materials at the time when question of framing charge is taken up to show that the materials do not justify framing of charge...........
