Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Additional evidence at appellate stage - Re-examination of victim - Rape of 17 years old girl - Victim clearly stated in her evidence that she was 17 years on the day of occurrence and accused had made a false promise that he would marry her and against her..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37 -- Bail - On the ground of parity with co-accused - Recovery of 24.560 kgs Ganja - Commercial quantity - Accused were caught red handed while transporting commercial quantity of ganja - Whether A-3 was only a gratuitous traveller or whether A-2 was..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Accused has right to make successive applications for grant of bail - But Court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail applications were rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 406, 468, 500 -- Anticipatory bail - Cheating - Allegation that accused dishonestly induced complainant to deliver huge sums of money running into crores of rupees making him believe that he would be made a partner in business venture started by accused - What exactly the transaction and..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Suspension of sentence during pendency of appeal filed against conviction - Offence u/s 21(c) of NDPS Act - Petitioner sought suspension of sentence on medical condition - Doctor who examined petitioner in jail suggested that petitioner needs a better..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - If any extraneous material forms part of consideration of Magistrate of Court concerned as incentive for taking cognizance and issuing summons in such matter, then entire proceeding is vitiated and summoning order cannot be sustained in the eye of law...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Rejection of final report - Magistrate while rejecting final report and allowing protest petition, travelled beyond material so collected by I.O and placed reliance on two affidavits filed in support of protest petition, that vitiates entire proceedings - Summoning order passed by Magistrate quashed...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Arms Act, 1959, Section 3, 25, 30, Unlawful Activities (Prevention) Act, 1967, Section 18 -- Default bail - Charge sheet filed for offence under IPC and Arms Act - Second charge sheet for offence under UAPA filed after two days of filing application by accused u/s 167..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because charge sheet is filed is no ground to release accused on bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Locus standi - Where allegations are of tampering with Court order and for whatever reason State has not filed application for cancellation of bail, locus is not that much important and it is insignificant...........
