Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Maintainability - Victim is not disabled - Informant who is father of victim cannot maintain appeal - Appeal dismissed being not maintainable...........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - By father of victim - Not maintainable - As regarding impleadment application filed on behalf of victim, same is also not in order, as it is not supported by affidavit of victim nor any reason has been given in this regard - Even, she has not engaged counsel for filing appeal as there is no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2), Criminal Procedure Code, 1973, Section 438 -- Appeal - Order rejecting anticipatory bail application by Special Court - Only remedy available for petitioner is to file an appeal u/s 14-A(2) of the Act, as existence of an order of Special Court is sine qua non for approaching High..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Due to conviction appointment on compassionate ground refused - Once consequences of conviction are made known to Court, Court is entitled to stay conviction order - Conviction stayed till pendency of appeal against conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Criminal Procedure Code, 1973, Section 389(1), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 27A, 29 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 650 gms heroin - Commercial quantity recovered from accused - Accused had undergone nearly 7 years of imprisonment - Application rightly rejected - However, High..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Trial Court acquitted accused and High Court convicted - High Court was of the view that PW 2, 3 and 5 can be believed - Unless it is held that view taken by trial Court disbelieving the witnesses is not a possible view, High Court ought not to have interfered with the acquittal recorded by trial..........
Criminal Procedure Code, 1973, Section 374, 384 -- Appeal against conviction - Accused acquitted - Offence u/ss 7, 13(1), 13(2) of P.C. Act - High Court acquitted accused without adverting to reasons given by trial Court while convicting accused and without re-appreciating entire evidence on record in detail - Impugned order of acquittal of accused set aside - Matter..........
Criminal Procedure Code, 1973, Section 389(1), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 11 -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 13(2), 13(1)(e), 11 of P. C Act - Considering facts and circumstances of case including extent of imprisonment undergone, condition of health of accused and need for early..........
