Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 233 -- DNA test - Murder case - Incident alleged to have taken somewhere else - DNA test of blood sample of informant or his relative with the blood stained earth recovered from the alleged place of occurrence - It is a must to ascertain and test the truthfulness of prosecution case - DNA test allowed...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court below are just and proper...........
Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad was dismissed - Quashing of said order - Petitioner is an engineer who had returned from abroad earlier and also that he has an employment offer in hand which stands duly verified - Order passed by trial Court rejecting application is not sustainable and is quashed...........
Criminal Procedure Code, 1973, Section 482 -- Application for permission to go abroad was dismissed - Quashing of said order - Maintainability of petition - Application for permission to travel abroad has been declined would qualify as an interlocutory order and fall within ambit of S.397(2) Cr. P.C. - Revision against such order is barred and aggrieved person has no other..........
Criminal Procedure Code, 1973, Section 482 -- Dismissing of application u/s 482 Cr.P.C. - Delay in FIR - Cognizance of offence and Examining witnesses - JMFC held that the case could be decided without collecting evidence from the police but single judge set aside the order as the matter should be investigated on deposition complainant - Especially in cases alleging sexual..........
Criminal Procedure Code, 1973, Section 397(1), 401 -- Revision - At the instance of third party - Maintainability - There can be no bar on a third party invoking revisional jurisdiction, as the power of revision can be exercised by High Court even suo moto...........
Criminal Procedure Code, 1973, Section 397(1), 401 -- Revision against order rejecting prayer to mark statement of informant as an exhibit - Interest of informant and an injured victim adversely affected - Order not interlocutory in nature - Bar u/s 397(2) Cr.P.C is inapplicable - Revision is maintainable...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Object of S.313 Cr.P.C is to establish a direct dialogue between Court and accused...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - S.313 Cr.P.C confers a valuable right upon an accused to establish his innocence and can well be considered beyond a statutory right as a constitutional right to a fair trial u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Purpose of S.313 Cr.P.C is to provide accused a reasonable opportunity to explain adverse circumstances which have emerged against him during course of trial - A reasonable opportunity entails putting all the adverse evidences in the form of questions so as to give an opportunity to the accused to..........
