Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Contraband - Examination of accused u/s 313 Cr.P.C. - Two material circumstances not put to accused in his examination u/s 313 Cr.P.C. as such a serious prejudice is caused to accused in his defence - These two material circumstances has to be kept out of..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Failure to put incriminating circumstances to accused may not ipso facto vitiate the entire trial - However, it can be established that non-compliance of mandate of provision would vitiate the proceedings from the stage of S.313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 411 -- Examination of accused - Offence u/s 411 IPC - None of material circumstances forming basis of conviction of accused `M' were put to him - Not even a single question regarding stolen articles was posed to him - Instead, irrelevant and abstract questions about main incident of robbery were..........
Indian Penal Code, 1860, Section 376, 377, 313, 406, 506 -- Rape - Informant admitted of lodging FIR by falsely making serious allegations of rape to pressurize accused and/or to settle score - FIR quashed - Cost of Rs.10,000/- imposed...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Solitary incriminating circumstance appearing against accused has not been put to him in his statement u/s 313 Cr.P.C - Accused therefore had no opportunity to explain said circumstance - Serious prejudice is thus, caused to accused - However, since the incident is of the year 1995 and more..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Law as to: (i) It is the duty of Trial Court to put each material circumstance appearing in the evidence against accused specifically, distinctively and separately - The material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction; (ii)..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - When Trial Judge prepares questions to be put to accused u/s 313 Cr.P.C, before putting the questions to accused, Judge can always provide copies of the said questions to the Public Prosecutor as well as defence Counsel and seek their assistance for ensuring that every relevant material circumstance..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - While recording the statement u/s 313 Cr.P.C in cases involving a large number of PWs, Judicial Officers will be well advised to take benefit of S.313(5) Cr.P.C, which will ensure that the chances of committing errors and omissions are minimized...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Non-compliance of S.313 Cr.P.C - Answers given by accused to questions which were asked to him by Court have not been recorded properly - Out of six, the answers given by accused of four questions are not legible - There is non-compliance of mandatory..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Adverse inference can be drawn in view of complete denial and silence on the part of accused with regard to questions put to him u/s 313 Cr.P.C...........
