Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed for default - Appeal cannot be dismissed for default and if appellant fails to turn up for hearing in spite of granting several opportunities and even if advocate fails to attend Court, Court has to dispose of said appeal on merits on basis of material available on record - Order dismissing..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Inherent powers of Court - Domestic violence - Right of appeal is provided u/s 29 of PWDV Act as well as alteration of orders at the instance of aggrieved party - Parties need to refrain from approaching High Court straightaway every time with aid of S.482 Cr.P.C..........
Criminal Procedure Code, 1973, Section 372 - - Appeal against an inadequate sentence - At the instance of victim not maintainable...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified - If view taken by trial Court is a possible view even if two views are equally balanced, it need not result in interference by..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Scope of - Though there is no embargo on appellate Court to reverse decision based on evidence upon which acquittal is based, generally the order of acquittal based on presumption of innocence of accused, is further strengthened by acquittal - Appellate Court, while considering an appeal against..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because appellate Court, on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified - If view taken by trial Court is possible view, even if two views are equally balanced, it need not result in interference by..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - While considering order against acquittal, Appellate Court should not interfere where view taken by trial Court is not unreasonable or perverse...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Disposal of appeal filed by accused without record of trial Court, which was lost during pendency of appeal is not sustainable - Order of High Court set aside - Matter remanded back to High Court for hearing appeals afresh after reconstruction of record of trial Court...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304 -- Bail during pendency of appeal against conviction - Offence u/ss 498-A, 304(Part I)PC - Accused already suffered incarceration for a period of approximately 27 months out of a total sentence of 10 years R.I awarded by trial Court which is affirmed by High Court - It is thus, a fit..........
