Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 and PW3 for cross-examination - Accused instructed his counsel not to argue in the case - Trial Court under such circumstances asked pairokar to call another counsel but once next counsel did not appear before Court, opportunity of cross-examination was closed - Since applicant was under custody and was brought..........
Criminal trial -- Provisions relating to pre-arrest and post arrest bail - S.35 BNSS refusal to remand by Judicial Magistrate, discharge of accused by trial court and even acquittal for want of proof beyond reasonable doubts, are means to achieve broad goal to prevent curtailment of liberty without legal necessity - However, these provisions are not substitutes for one..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Strict proof of marriage should not be a pre-condition for maintenance in cases where a man and woman have been living together as husband and wife for a reasonable long period of time...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Criminal trial -- Custody and arrest are not synonymous and in every arrest there must be custody, but not vice versa, since a person in custody may not be under arrest - Custody means physical surrender of person and even if a person is not arrested, he can surrender in Court - During custody in a criminal matter, person is considered to be in duress...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C - Not supported by duly sworn affidavit of complainant suffers from fatal procedural defect - In absence of such an affidavit, complaint could not have been acted upon...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Rape case - Reasoning of High Court falls far short of parameters required u/s 389 CrPC for enlargement of a convict punished for heinous offence, on bail after suspending the sentence - Finding that no sexual assault was found without considering overall nature of evidence of..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay should not be condoned as a matter of routine without sufficient reasons - Court while condoning delay has to record reasons for its satisfaction and same must reflect in the order - Extension of period of limitation merely on ground that it is necessary to do so in the interest of justice and not..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Trial Court while condoning delay did not consider veracity of reason offered by prosecutor to condone delay - Trial Court ought to have considered whether reason offered by prosecutor to condoned delay is genuine and reasonable or not - Since impugned order is bereft of any reason, order set aside -..........
Criminal Procedure Code, 1973, Section 193 -- Summoning of person as accused - Court of Session takes cognizance of the case or offence as a whole and therefore is entitled to summon anyone who on the material before it appears to be involved in such offence to stand for trial before it...........
