Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Murder case - Mere fact that there is no injury report, can at best be classified as a defective investigation but cannot raise doubts about credibility of their being injured witnesses in same occurrence...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder case - Merely because no questions were put to accused with regard to individual assault made by each of them, it cannot be said that any prejudice is caused to them, particularly when specific question was put to accused that they participated in an unlawful assembly with common object of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Husband denied having income as alleged by wife - Even there is no specific averment by husband as regards his income - Adverse inference rightly drawn by family Court that husband is an able bodied person and must be earning minimum wages apart from being an owner of 12 acres of land, thus, rightly..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Magistrate can summon persons not originally charge sheeted, but that can only be done when fresh material is brought on record...........
Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Appellants summoned 5 years after trial without any new material on record - They were kept in column No.12 of FIR, as no material found against them on investigation - Even, they were not charge sheeted - Magistrate can summon persons not originally charge sheeted, but that can only be..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Order of charge is not required to be elaborated or detailed one - However, a short order recorded by Court must reflect application of mind...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 316, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Cruelty - Dowry demand - Compromise arrived at between parties - High Court in exercise of its inherent jurisdiction u/s 482 Cr.P.C may quash the proceedings in respect of no, compoundable..........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Matrimonial dispute - Inherent jurisdiction of High Court may be suitably exercised if parties inter se have mutually decided to bury hatchet and settle the matter amicably in between them in a criminal litigation emanating from matrimonial disputes, which are quintessentially of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Medical examination - Refusal by prosecutrix - Where prosecutrix refused to undergo a medical examination, it shows that no offence is committed on prosecutrix by accused - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - There is not even a single document filed by prosecution to corroborate that there was any physical relation between prosecutrix and accused - Major contradictions of facts mentioned in statements of prosecutrix recorded u/ss 161, 164 Cr.P.C and in her original Ruqqa -..........
