Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed for default - Appeal cannot be dismissed for default and if appellant fails to turn up for hearing in spite of granting several opportunities and even if advocate fails to attend Court, Court has to dispose of said appeal on merits on basis of material available on record - Order dismissing..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - S.207 Cr.P.C, does not empower Magistrate to withhold any `document' submitted by I.O alongwith police report except when it is voluminous...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Furnishing of documents to accused u/s 207 Cr.P.C, is a facet of right of accused to a fair trial enshrined in Art.21 of Constitution...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Cloned copy is not a photocopy but is a mirror image of original and accused has right to have same to present his defence effectively...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Contents of memory card/pen drive being electronic record must be furnished to accused if prosecution is relying on the same, which can be done in the form of cloned copy of memory card/pen drive...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Where case involving issues such as of privacy of complainant/witness or his/her identity, Court may be justified in providing only inspection thereof to accused and his/her lawyer or expert for presenting effective defence during trial - Court may issue suitable directions to balance..........
Criminal Procedure Code, 1973, Section 207 -- Proviso (ii) - Inspection of documents - Electronic record - If accused or his lawyer himself intends to inspect documents in question, he can request Magistrate to provide him inspection in Court, if necessary even for more than once alongwith his lawyer and I.T expert to enable him to effectively defend himself during trial...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Cloned copy of contents of memory card/pen-drive handing over to one accused - There are eight named accused in the case - Once relief is granted to one accused, other accused would follow same suit - In that event, cloned copies of contents of memory card/pen-drive would be freely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Bail - Offences u/ss 354, 354-D, 506 IPC and S.12 POCSO Act - As against total 16 witnesses cited by prosecution, only 3 witnesses have been examined - Moreover, prosecutrix has improved her earlier version as..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B -- Anticipatory bail - Murder - Petitioners have not been arrayed as accused by police - Criminal complaint is instituted by complainant in his personal capacity - Naturally, no custodial interrogation of petitioners is required at this stage, unless of course any competent Court orders..........
