Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - At the stage of considering the grant of leave u/s 378(3) Cr.P.C, a prima facie case should be looked into by High Court, but not ignoring the materials on record...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Complainant or victim can file an appeal as against order of acquittal passed by Magistrate before appellate Court or Sessions Court...........
Indian Penal Code, 1860, Section 306, 498A, 34, Evidence Act, 1872, Section 67, Criminal Procedure Code, 1973, Section 154 -- Acquittal - FIR has to be corroborated and proved for there to be any value of the same in the case - In case the death of the informant has no nexus with the complaint lodged i.e. he died a natural death and did not succumb to the injuries..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Scope of interference by an appellate Court for reversing the judgment of acquittal recorded by trial Court in favour of accused has to be exercised within the four corners of following principles: (i) That judgment of acquittal suffers from patent perversity; (ii) That same is based on a..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court must bear in mind in a case of acquittal that there is double presumption in favour of accused - Firstly, presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person is presumed to be innocent unless he is proved guilty by..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149 -- Murder - Accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency - As the version of eye witnesses in specifically naming the appellants have been consistent throughout the trial - The principle of `falsus in uno, falsus in omnibus' does not..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Change of law by itself cannot be a ground for finding fault with acquittal judgment rendered in favour of accused...........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - There is hardly any acceptable explanation to condone huge delay of 1184 days in presenting appeal - Nothing is mentioned as to why State waited for 3 years to file appeal - Application for condonation of delay dismissed...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Once Trial Court found no evidence to convict accused, burden was upon High Court, while reversing the said judgment, to record clear findings in relation to each of the charges and, more particularly, the charge of criminal conspiracy u/s 120-B IPC...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Desertion suffered over long years in a young marriage, accompanied with harsh words spoken and complete lack of desire and effort on part of deserting spouse to cohabit as also lodging of criminal case alleging demand of dowry only after institution of divorce case by other spouse and..........
