Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 148, 149, Arms Act, 1959, Section 25 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Incriminating circumstance not put to accused in his statement u/s 313 Cr.P.C - Examination of accused u/s 313 Cr.P.C thus, rendered an empty formality - Only on this count, conviction and sentence of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 313, 376 -- Cancellation of bail - Offence u/ss 313, 376 IPC - Bail granted solely on the plea of community service - Granting of bail on said plea is completely unwarranted - Bail order quashed...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 313, 420, 452, 504, 506 -- Discharge - Rape case - Prosecutrix willingly consented to having sexual intercourse with accused with whom she was deeply in love, not because he promised to marry her but because she also desired it - It cannot be therefore, hunt prudent mind that she has..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 324, 323, 148, 149 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Occurrence is virtually admitted by accused in their statement recorded u/s 313 Cr.P.C., with regard to injuries given to deceased and injured witnesses - Factum of existence of injuries on complainant party held,..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376, 302 -- Statement of accused u/s 313 Cr.P.C - Rape and murder of five years old girl by 33 years old accused - Victim not transpired for 2 days from date of missing - Recovery of dead body of victim and her belonging were made from room of accused - No explanation given by accused in his..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 313 -- Rape - Examination of accused - Accused convicted on the basis of Report of Serology Division of FSL - Said circumstance not put to accused in his examination u/s 313 Cr.P.C., which vitiated judgment of trial Court - Merely supplying copy thereof to defence counsel is not sufficient -..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3, 138, Criminal Procedure Code, 1973, Section 313 -- Attempt to murder - Injury dangerous to life - Medical opinion - Doctor stated injury dangerous to life but in his examination-in-chief stated nothing as to on what basis he has declared injury as dangerous to life - Accused, thus, had no occasion to..........
Medical Termination of Pregnancy Act, 1971, Section 3(4), Indian Penal Code, 1860, Section 313, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Termination of pregnancy without consent of husband - Pregnancy of petitioner terminated in order to save her life, as her condition was deteriorating due to carrying a dead foetus - Medical evidence confirms..........
Criminal Procedure Code, 1973, Section 28(3), 407, Indian Penal Code, 1860, Section 313, 326 -- Power of Session Court to pass sentence - As per S.28(3) Cr.P.C. Assistant Session Judge is not empowered to pass sentence of imprisonment for life or for imprisonment for term exceeding 10 years - However, in the instant case, petitioner is charge-sheeted for offence u/ss 313,..........
Indian Penal Code, 1860, Section 408, Criminal Procedure Code, 1973, Section 313 -- Criminal breach of trust - Misappropriation of school bus fare - Head clerk of school allegedly misappropriated school bus fare - All teachers deposited bus fare of students with accused - No question of entrustment of bus fare was specifically put to accused during his examination -..........
