Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 302, 323, 341, 458 -- Bail - Rape and murder - Allegation that accused sexually assaulted deceased and thereafter murdered her - However, PWs not supported prosecution story and turned hostile - Held, having regard to totality of facts and circumstances of the case, without expressing..........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - When a Narco Analysis Test is conducted with intervention of some medication, when a person is not conscious and makes some revelations from sub conscious mind, credibility of that revelation stands far short of fact described under the Act...........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Even if petitioner voluntarily submits for subjecting himself for Narco Analysis Test, there is no guarantee that statements would be voluntary - So even if Court permits petitioner to undergo a Narco Analysis Test, it has no acceptability in the eye of law...........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Revelations brought out during Narco Analysis under influence of particular drug cannot be taken as conscious act or statement given by a person...........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Petitioner wanted to subject himself to Narco Analysis Test, which is necessary to buttress his statements u/s 313 Cr.P.C - However, possibility of accused himself making exculpatory statements to support his defence also cannot be ruled out - There is no mechanism or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Complaint filed only against corporate entity - None of natural persons who were stated to be in-charge of and responsible for affairs of corporate entity were arrayed as accused - Proceedings initiated against corporate entity quashed...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Further investigation - Denial of - Investigation of case is still in progress - Documents are restricted to only S.207 Cr.P.C - On receipt of such documents if so advised, petitioner would be at liberty to take out an application u/s 173(8) Cr.P.C, which is in seisin of..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Further investigation - Rape case - Detailed analysis of facts as done by I.O by drafting opinion to give discharge to accused, without allowing prosecutrix/prosecution to examine or cross-examine would in fact lead to presumption in such type of cases of certain incidents..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Appeal cannot be dismissed as infructuous, merely because accused had served out the sentence and no one appeared for the accused - If no one was present for the accused, then High Court could have taken appropriate steps for representation on behalf of accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Imposition of onerous conditions for grant of bail tantamount to denial of bail...........
