Criminal Procedure Code, 1973, Section 374 -- Conviction by trial Court - Appeal in High Court - High Court, as a first Court of appeal, on facts must apply its independent mind and record its own findings on the basis of its own assessment of evidence - Mere reproduction of the assessment of trial Court may not be sufficient and in the absence of independent assessment by..........
Indian Penal Code, 1860, Section 302 -- PW5 mother of deceased, was present at post, also sustained injuries while saving her son - She was medically examined and doctor gave injury report - As per medical evidence, the injuries received by deceased at the instance of the present appellants were sufficient to cause death in the ordinary course of nature - Held, there is no..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Reliability - In dying declaration deceased had made allegation that she was put on fire by her father-i, law - Father of deceased deposed in his cross-examination that dying declaration was recorded by Magistrate at about 12 noon on 19.04.2006 - Whereas dying declaration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, Criminal Procedure Code, 1973, Section 432, 433 -- Conviction for an offence under NDPS Act - Accused not entitled to benefit of remissions granted u/ss 432 & 433 Cr.P.C. even if the offence was committed before coming into force the provision of S.32-A of NDPS Act...........
Indian Penal Code, 1860, Section 376 -- Rape or consensual sex - Proof - Appellant and complainant co-workers and they were regularly going to work together - It is on one such occasion that complainant alleged that she was dragged to a sugarcane field and forced to have sex with appellant and thereafter continued to do so on several occasions on promise to marry - Only..........
Kerala Abkari Act, 1977, Section 55(a) -- Illegal transport of liquor - Conviction - Reduction of sentence - Accused driver by profession found guilty of transporting large quantity of liquor - He was neither owner of contraband nor had financial interest in its possession or transportation - Held, sentence reduced from 5 years to 3 years R.I. and fine of rupees one lakh...........
Indian Penal Code, 1860, Section 449, 450, 302, 307, 34, Arms Act, 1959, Section 25 -- Conviction - Appeal against - Question that report was not registered at given time not put to any of the witnesses - Considering lodging of police complaint with promptness shows that there is no possibility of any concoction or deliberation in drafting report - There is no..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 385, 386, 384 -- Conviction - Appeal against - Counsel not present at the time of hearing of appeal - It is not obligatory on the part of the Appellate Court in all circumstances to engage amicus curiae in a criminal appeal to argue on behalf of the accused failing which..........
Criminal Procedure Code, 1973, Section 385, 386, 384 -- Appeal against conviction - Absence of counsel for appellant - (i) that the High Court cannot dismiss an appeal for no, prosecution simpliciter without examining the merits; (ii) Court is not bound to adjourn the matter if both the appellant or his counsel/lawyer are absent; (iii) Court may, as a matter of prudence or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Contraband - Custody of sample - Custody of sample between date when same was taken out for sending to FSL and date when remaining samples were again sent to FSL - No explanation - No evidence as to samples returned by FSL with objections - Held, there is obviously a doubt created by evidence of..........
