Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Offence u/ss 363, 366-A, 34 IPC and S.6 POCSO Act - Prosecutrix was above 18 years of age when she was kidnapped by petitioner - Culpability of petitioner is yet to be established during trial - Moreover,..........
Criminal Procedure Code, 1973, Section 228, 464(2) -- Omission to frame charge u/s 302 IPC - Order of remand - Trial Court framed charge u/ss 498-A, 304-B, 201, 34 IPC - Deceased died due to Aluminum Phosphide poisoning - Said poison was found in blood and stomach of deceased - Trial Court acquitted accused u/s 304-B IPC on the ground that doctor PW12 deposed that Aluminum..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Non appearance due to ill health - Cancellation of bail - Accused if prevented by sufficient reasons to put appearance in Court, same cannot be construed as a deliberate and willful absence - Explanation offered appears to be justified and accepted - Order as to cancellation of bail set aside and accused to remain on..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of additional witnesses - Oral request made by Counsel for CBI to examine two additional witnesses, who were not cited as witnesses in challan submitted before Court and their statements u/s 161 Cr.P.C were not recorded - No opportunity of hearing was given to accused while allowing prayer of CBI by Court below -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 14 injections of Buprenorphine and 10 injections of Pheniramine Maleate - Challan presented and charges framed - Petitioner is in custody since 6.8.2019 and has undergone incarceration of about 5 months and 7 days - Trial of case may take some time in..........
Indian Penal Code, 1860, Section 304, 341, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 304, 341, 34 IPC - Prima facie consideration of FIR would show that all accused started giving beatings to deceased and gave push to her - No specific injury has been attributed to any one - It would be debatable as to complicity of accused in terms of..........
Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Examination of hand writing expert - Accused permitted to examine a private hand writing expert as a witness in his defence...........
Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Examination of handwriting expert - Accused while leading defence evidence has a right to prove his innocence and in case he wants to lead evidence that signature of PW5 did not tally with ruqa and special report with memo, same cannot be declined, as it goes to root of case - Admissibility and..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 70 injections of Buprenorphine I.P Omgesic 2mls each and 30 injections of Avil 10ml each - Buprenorphine falls under Drugs and Cosmetics Act and salt has not been included in Schedule I of NDPS Rules - Even,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 16 -- Bail - Offence u/ss 363, 366-A, 120-B IPC and Ss.6, 16 POCSO Act - Petitioner is a lady who alongwith her 9 months old child is behind bars for almost a year - Since, prosecution evidence is yet to commence,..........
