Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 354A, 354B, 376(2)(f), 376(2)(k), 341, 342 -- Discharge - Sexual abuse - Sufficient material on record against accused - There is more than prima facie case against accused for which he is required to be tried - Some submission made by accused on conduct of prosecutrix are required to be..........
Indian Penal Code, 1860, Section 304B, 498A, 34, 302 -- Dowry death - Framing of charge u/s 302 IPC - Offence u/ss 304-B, 498-A IPC - Alternative charge u/s 302 IPC added without assigning any cogent reason - Framing of charge u/s 302 IPC set aside...........
Criminal Procedure Code, 1973, Section 218, Indian Penal Code, 1860, Section 149, 141 -- Non-framing of charge u/s 141 IPC - Charge framed u/s 149 IPC - Actions of an unlawful assembly and punishment thereafter are set out in subsequent provisions after S.141 IPC and as long as those ingredients are met, S.149 IPC can be invoked - It cannot be said that any fatal flaw..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 120B -- Quashing of proceedings - Murder case - Plea of alibi cannot be examined by Court in exercise of its inherent powers u/s 482 Cr.P.C, whether it is the stage of taking cognizance or framing of charge - Moreover, statement recorded u/s 161 Cr.P.C is not a substantive piece of evidence -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Standard of proof for summoning additional accused is higher than standard of proof for framing a charge against accused person...........
Criminal Procedure Code, 1973, Section 173, 173(8) -- Charge sheet and supplementary charge sheet - Court while framing charges, did not consider supplementary challan filed u/s 173(8) Cr.P.C - Order framing charge set aside - Trial Court to pass a fresh order after considering both the reports along with documents produced on file...........
Criminal Procedure Code, 1973, Section 207, 208 -- Supply of deficient/illegible documents - Proceedings under Prevention of Money Laundering Act (PMLA Act) - Neither S.207 Cr.P.C nor S.208 Cr.P.C can be applied mutatis mutandis to proceedings under PMLA Act - Matter is at the stage of pre-charge consideration and this stage cannot be construed to be a stage of trial -..........
Criminal Procedure Code, 1973, Section 91, 227 -- Production of documents - Case at the stage of framing of charge - Trial Court is not to look into defence set up by accused at this stage, which he can lead only during trial at appropriate stage - Moreover, in application except for CCTV recording, there is no reference to relate other documents in alleged incident -..........
Criminal Procedure Code, 1973, Section 482, 161 -- Quashing of proceedings - Non-recording of statement of victim u/s 161 Cr.P.C - No objection raised by accused while framing charge against him u/s 325 IPC regarding non-recording of statement of victim u/s 161 Cr.P.C - Therefore, at the distant point of time, said ground cannot be raised in proceedings u/s 482 Cr.P.C,..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 6, 10 -- Penetrative sexual assault - Non-framing of charge u/s 6 of the Act - Prima facie grave suspicion arises against accused of having committed offence u/ss 3, 6 of the Act - Issue as to whether undergarments of victim removed or not and whether there was in fact a penetrative sexual assault are issues..........
