Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Omission of question regarding incriminating circumstances, which has caused prejudice is not curable...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Object of S.313 Cr.P.C is to establish a direct dialogue between Court and accused...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - S.313 Cr.P.C confers a valuable right upon an accused to establish his innocence and can well be considered beyond a statutory right as a constitutional right to a fair trial u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Purpose of S.313 Cr.P.C is to provide accused a reasonable opportunity to explain adverse circumstances which have emerged against him during course of trial - A reasonable opportunity entails putting all the adverse evidences in the form of questions so as to give an opportunity to the accused to..........
Indian Penal Code, 1860, Section 498A, 323, 506, 406, 342, 313, 351, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Wife alleged various kinds of cruelties which had led her to various illnesses - She also alleged that there was a miscarriage which had resulted because of fact that husband had pushed her - Wife was being deprived of her financial..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C - Not an evidence...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C - Recording of statement u/s 313 Cr.P.C. is between Court and accused - There is no role of defence lawyer when statement of accused is recorded u/s 313 Cr.P.C. directly by Court...........
Indian Penal Code, 1860, Section 313 -- Offence u/s 313 IPC - Miscarriage not caused by accused as per evidence on record - Victim stated before Medical Officer that she herself took some tablets - In absence of any evidence to prove that accused has voluntarily caused miscarriage, accused cannot be punished for offence u/s 313 Cr.P.C - Conviction and sentence set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Further investigation - Denial of - Investigation of case is still in progress - Documents are restricted to only S.207 Cr.P.C - On receipt of such documents if so advised, petitioner would be at liberty to take out an application u/s 173(8) Cr.P.C, which is in seisin of..........
