Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 468, 469, 471, 194, 211, 218, 120B -- Bail - Offence u/ss 468, 469, 471, 194, 211, 218, 120-B - Charge sheet has been filed - Accused after being released on interim bail has not been called for investigation even on a single occasion - She has already surrendered her passport which shall continue..........
Criminal Procedure Code, 1973, Section 155(4) -- Non-cognizable offence and cognizable offence - If facts reported to police disclose both cognizable and non-cognizable offences, police would be acting within scope of its authority in investigating both offences, as legal fiction enacted u/s 155(4) Cr.P.C. provides that even a non-cognizable case shall in that situation be..........
Criminal Procedure Code, 1973, Section 155(4) -- Non-cognizable offence and cognizable offence - Where Magistrate forwarded a complaint involving offences cognizable and non-cognizable in nature to police and police files a report finding that non-cognizable offence was committed, Magistrate is legally empowered to proceed with the trial...........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 3 -- Rape - Substantive evidence - Statement of witness u/s 164 CrPC is not substantive evidence - Substantive evidence is one which is given by witness in Court on oath in presence of accused..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court while rejecting anticipatory bail granted interim protection to accused for a period of two months and directed that no coercive steps be taken against accused for a period of two months - Self contradictory orders were passed by High Court - Order to the extent of directing no coercive steps..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for last more than 3 years and 6 months - Out of 17 PWs only 7 witnesses have been examined till date - He does not have any criminal antecedents - Bail granted...........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Amount of compensation is to be determined by Courts depending upon facts and circumstances of each case, nature and gravity of offence and capacity of accused to pay - Compensation cannot be awarded merely at whims and caprice of a judge...........
Indian Penal Code, 1860, Section 380, Criminal Procedure Code, 1973, Section 357(3) -- Offence u/s 380 IPC - Conviction - Compensation to complainant - Trial Court while awarding compensation neither conducted any inquiry to determine paying capacity of accused nor any reason has been assigned - No sufficient material before trial Court to assess capacity of accused to pay..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - Refusal on the part of complainant to cooperate with investigation makes out strong case to suspect veracity of allegations - In such..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - When materials placed on record itself are not sufficient to attract a prima facie case of any of offences u/ss 376(3), 376(AB), 376(DA), 376(DB) IPC or false nature of allegations is evident from..........
