Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - While framing the charge, it is expected from a trial Judge to exercise his judicial mind to determine that as to whether a case for trial has been made out or not and while undertaking such proceedings, Court is not supposed to hold a mini trial by marshalling facts and evidence on record - Infact, if..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 33(5) -- Aggravated penetrative sexual assault - Request to recall child victim after conclusion of trial and concurrent findings of guilt, raises serious concern - In the absence of any manifest illegality or perversity in appreciation of evidence, no case for interference under Article 136 of Constitution..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - I.O. himself admitted that no TIP was conducted - He deposed that three villagers had allegedly identified accused in connection with occurrence, but not a single one of them was examined by prosecution - Failure of prosecution to examine these vital witnesses strikes at the root of case..........
Service -- Retirement benefits - Compulsory retirement of an employee from services does not mean that employee is not entitled to retirement benefits, which can only be denied in a case of dismissal from service...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A IPC - Proclaimed offender - FIR was registered due to non-appearance of petitioner in a FIR filed u/s 323, 325, 34 IPC - Trial of case was concluded and all other accused were released on probation - However, petitioner was declared proclaimed offender - As he was not aware about pendency of trial, he could not..........
Criminal Procedure Code, 1973, Section 273, 278 -- Recording of evidence in presence of accused - Presence of accused or his pleader is required at the time of recording examination in chief of a material PW - Accused or his Pleader has a right to object to a leading or irrelevant question being asked to witness during chief examination - Therefore, if trial Court permits..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Petitioner had not willfully absented himself to hamper the trial - Rather, instead of cancelling bail on account of his non-appearance, Court ought to have exempted his personal appearance with a direction to appear on the next date when case was adjourned for..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Under garb of review petition, applicants cannot be allowed to re-argue the case as review Court cannot sit in appeal over its own decision...........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Stipulation of a period of two years being a minimum mandatory period u/s 10-A of the Act is arbitrary and oppressive and that said two year period has to be read as one year taking into account the one year period as stipulated in similar legislations i.e S.28 of Special Marriage Act, S.13-B of Hindu Marriage..........
