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..........
Indian Penal Code, 1860, Section 177, 171, 419, 417, 411, 413, Criminal Procedure Code, 1973, Section 313 -- Accused in his statement u/s 313 Cr.P.C. confessed his guilt and on the basis of confession accused was held guilty for all the charges framed against him - Accused did not deny a specific question put as to whether he is a habitual offender - Offences committed by..........
Criminal Procedure Code, 1973, Section 313 -- Accused in his statement u/s 313 Cr.P.C. confessed his guilt and on the basis of confession accused was held guilty for all the charges framed against him - Confession made by accused shall be taken as a whole - It cannot be taken in parts, particularly when it was made regarding same occurrence and accused made confession with..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Death by burning - Allegation that accused stuffed cloth in the mouth of deceased was serious and specific against her - However, in absence of any question having been put to her in this regard u/s 313 Cr.P.C, accused seriously prejudiced in her defence...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Death by burning - Burden of proof on an accused in support of defence taken u/s 313 Cr.P.C is not beyond all reasonable doubt, as it lies on prosecution to prove charge...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not lead any evidence to rebut the presumption - Statement of accused recorded u/s 313 Cr.P.C. is not a substantive evidence of defence, but only an opportunity to accused to explain the incriminating circumstances..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C - False explanation or non-explanation u/s 313 Cr.P.C can only be used as an additional circumstance, when prosecution has proved chain of circumstances leading to no other conclusion than guilt of accused - However, it cannot be used as a link to complete the chain...........
Criminal Procedure Code, 1973, Section 313 -- Statement recorded u/s 313 Cr.P.C though, not evidence stricto sensu, such statement can be used for or against accused in view of S.313(4) Cr.P.C...........
