Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Veracity of depositions made by witnesses is a question of trial and need not be determined at the time of framing of charge...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Alteration or addition of charge may be done if in opinion of Court there was an omission in framing of charge or if upon prima facie examination of material brought on record, it leads Court to form a presumptive opinion as to existence of factual ingredients constituting alleged offence...........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge - Charge u/ss 406, 420 IPC - Accused allegedly raised demand of Rs.5 lakhs for securing doctor's job for complainant's daughter in UK - Complainant borrowed such amount from PW5 and paid it to accused in presence of PW5 and PW6 - Without pronouncing on probative value of such evidence, there exists sufficient..........
Criminal Procedure Code, 1973, Section 472, 468, Companies Act, 1956, Section 630 -- Refusal to vacate company`s quarter - Conviction - Cognizance of offence under Companies Act - Statutory provision in Companies Act reveals that if any officer or employee of a company wrongfully obtains possession of its property, he shall be liable to criminal prosecution u/s 630..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(wi), 3(2)(VA) -- Bail - Kidnapping and rape - Prosecutrix stated in her statement recorded u/s 161 Cr.P.C that she went with accused of her own will and accused had not done anything wrong with..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C even if it contains inculpatory admission cannot be ignored and Court may where there is evidence available proceed to enter a verdict of guilt...........
Criminal Procedure Code, 1973, Section 293(4) -- Chemical Analyser's report is admissible in evidence, though not exhibited in view of S.293(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Delay in lodging FIR - Rape case - FIR lodged after five days of incident - Sister of prosecutrix and her friend offered an explanation which is plausible one that families of accused and co-accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of poppy straw - PW1 specifically stated that except evidence of co-accused, no other evidence is available on record to connect accused with commission of crime - Accused entitled to bail...........
Criminal Procedure Code, 1973, Section 452(1) -- Release of recovered assets - If assets are confiscated and accused is acquitted, Court has power to release recovered assets in favour of accused...........
