Criminal Procedure Code, 1973, Section 227, 239 -- Discharge at the stage of framing of charge - At this stage Court is required to consider whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out - Even strong suspicion founded on material would justify the framing of charge...........
Circumstantial evidence -- Motive - Assumes significance for the reason that the absence of motive would put the Court on its guard and cause it to scrutinize each piece of evidence closely in order to ensure that suspicion, omission or conjecture do not take the place of proof...........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - Factors to be considered - Held, at the stage of framing of charge Court has to see prima-facie evidence - At the time of framing of charge Court can consider only material placed before it by investigating agency - Charge can be framed even on the basis of strong suspicion founded upon materials before..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of currency notes - Legality - Petitioner in reply before Magistrate has not taken the plea that currency notes seized from "R" and "N" were alleged/suspected to have been stolen or were found under circumstances which creates suspicion of commission of any offence - Held, S.102(1) Cr.P.C. provides that any police..........
Criminal Procedure Code, 1973, Section 227, 228 -- Discharge - Exercise of power - At the initial stage, if there is strong suspicion which leads Court to think that there is ground for presuming that accused has committed offence, in that event, it is not open to Court to say that there is no sufficient ground for proceeding against accused - On the other hand, if..........
Indian Penal Code, 1860, Section 120A, 120B, 34, 35 -- Criminal Conspiracy - Proof of - Essence of criminal conspiracy is an agreement to do illegal act and such agreement can be proved either by direct evidence or by circumstantial evidence or by both - Circumstances proved before and after occurrence have to be considered to decide about complicity of accused - Offence..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Duty of Court - Held, at the initial stage of framing of a charge, the Court is concerned not with proof but with a strong suspicion that the accused has committed an offence, which, if put to trial, could prove him guilty - All that the court has to see is that the material on record and the facts would be..........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for declaration and interim injunction - Defendants No.1 and 2 executed sale deed in favour of defendant No.3 - Defendant Nos.1 and 2 executed registered general power of attorney on the same day in favour of one `M' - `M' executed registered sale deed in favour of plaintiff - Plaintiff and `M' had notice..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- 2-G Spectrum scam - Involvement of Finance Minister - Complaint made that Finance Minister colluded with Telecom Minister in fixing price of Spectrum at 2001 level - Prayer made for detailed investigation against him - Rejected - Sustainability - No materials on record to show that Finance Minister had abused..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Reasonable suspicion about FIR being ante dated and ante timed - If the date and time of FIR is suspicious, the prosecution version is not rendered vulnerable but Court is required to make a careful analysis of the evidence in support of the prosecution case...........
