Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Court is authorized to alter or add charge at any time before judgment is pronounced - Rights of parties in regard to same is extremely limited and no addition or alteration or objection with regard thereto, can be raised as a matter of right...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed by Magistrate is in accordance with materials produced before him or subsequent evidence which comes on record - Defence of accused is to be seen at the trial, not at the time of framing charge - For purpose of framing of charge Court only needs to prima facie..........
Criminal Procedure Code, 1973, Section 389(1), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 27A, 29 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 650 gms heroin - Commercial quantity recovered from accused - Accused had undergone nearly 7 years of imprisonment - Application rightly rejected - However, High..........
Criminal Procedure Code, 1973, Section 446 -- Accused on parole - Surety by old aged parents - Accused failed to surrender on due date - Penalty of Rs.2 lakh each was imposed on petitioners/old aged parents - However, accused found to be arrested in some other case and was in jail - Petitioners are old aged persons and their financial condition is not good - They are petty..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim being 16 years of age, though a minor, voluntarily left her home - Therefore, rigors to reject bail and reason to continue incarceration are reduced by mitigating factors...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363 -- Bail - Kidnapping - Victim is a minor under 18 years of age - Neither accused could have taken her from her parents nor consented to sexual intercourse - Victim left her family of her own - Even earlier, victim had stayed out of her home for six days - Victim was bold enough to declare that..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge - Accused is not debarred from praying for discharge u/s 245(2) Cr.P.C, merely on the ground that he chose not to challenge order issuing process upon him u/s 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 245(2), Indian Penal Code, 1860, Section 420, 120B -- Discharge - Cheating - Offence against company - Petitioner does not represent accused/company in any capacity and has no nexus with its administration, control and functioning - Whether a prima facie case has been made out against accused company in the complaint itself is beyond..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Trial Court acquitted accused and High Court convicted - High Court was of the view that PW 2, 3 and 5 can be believed - Unless it is held that view taken by trial Court disbelieving the witnesses is not a possible view, High Court ought not to have interfered with the acquittal recorded by trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 413, 408, 406, 411, 120B, Information Technology Act, 2000, Section 43, 66, 66B, 66D -- Bail - Cheating - No specific allegation against petitioner - Petitioner has no criminal history - Keeping in view the nature of evidence, period of detention already undergone, unlikelihood of early..........
