Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Rejection of bail application by Sessions Court does not operate as a bar for High Court in entertaining similar applications u/s 439 Cr.P.C on same facts and for same offence...........
Criminal Procedure Code, 1973, Section 439 -- Bail - When question of framing of charges against accused is yet to be determined by trial Court, a deep and meticulous analysis of material on record of challan is required to be avoided in bail application lest it may prejudice case of parties before trial Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Love affair between parties - Prosecutrix has not only in her complaint but also in her statement recorded u/s 164 Cr.P.C repeatedly stated that accused had sexual intercourse with her against her consent - Mere fact that prosecutrix was quite friendly with accused for a long..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix that accused raped her, substantially corroborated by independent witnesses as well as seizure of knife from a nearby bush - Defence raised by accused during his examination u/s 313 Cr.P.C with regard to animosity of PW1 appears to be desperate one, as no cross-examination in this regard had been made..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Defect in investigation by itself not a ground for acquittal...........
Criminal Procedure Code, 1973, Section 357A(1), (4), (5) -- Provisions of S.357-A(1),(4) & (5) Cr.P.C are substantive in character...........
Criminal Procedure Code, 1973, Section 357A(4) -- Victim's compensation - When an application is made by a victim of crime that occurred prior to coming into force of S.357-A(4) Cr.P.C, a prospective benefit is given, taking into reckoning an antecedent fact...........
Criminal Procedure Code, 1973, Section 357A(4) -- Victim's compensation - Victims u/s 357-A(4) Cr.P.C are entitled to claim compensation for incidents that occurred even prior to coming into force of said provision...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Cheating - Interim bail granted directing petitioner to join investigation - Petitioner joined investigation and is now not required for any further investigation - Interim bail made absolute...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Ownership rights - Cannot be determined in proceedings u/s 451 Cr.P.C...........
