Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Acquittal of co-accused in a separate trial - Cannot be made basis for quashing proceedings against remaining co-accused in view of provisions of Ss.40 to 44 of Evidence Act, particularly when remaining co-accused are absconders - Application dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 114, 506, 120B -- Bail - Rape - Despite availing 9 opportunities by prosecution, prosecutrix has not come forward to depose in the case - It is appears that prosecutrix is intentionally delaying trial and for this reason, petitioner cannot be allowed to suffer - Moreover, FSL report in case..........
Criminal Procedure Code, 1973, Section 190, 173 -- Cognizance of offence - Rejection of final report - Magistrate while dealing with final report in a criminal case is not competent to take into consideration extraneous material at the time of taking cognizance straightaway on protest petition without following procedure prescribed under Chapter XV Cr.P.C. - Evidence which..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - On the basis of examinatio, i, chief - Examinatio, i, chief cannot be excluded from wording of `evidence' term used in S.319(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband failed to appear before Family Court to defend proceedings on more than one occasion - He failed to cross-examine applicants and did not lead any evidence on his own behalf - Trial Court made an objective assessment of evidence available on record while quantifying maintenance to the..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Attempt to murder - Compromise - S.307 IPC cannot be compromised therefore conviction of appellants maintained - However, sentence of reduced to that period which appellants had already undergone...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Power of appellate Court cannot be restricted to receive only oral evidence and exclude documentary evidence - Document tendered for perusal of Court thus, as much evidence as statement made before Court...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Expression `if it thinks additional evidence to be necessary' indicates that it is not the right of a party to lead evidence, but evidence ought to be such which appellate Court deems necessary to be led for a just decision of case...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 2604 gms alprazolam - Recovery effected from house of co-accused `G' and three other co-accused were arrested alongwith `G' at the spot - Even, co-accused `T' stated that petitioner was also present at spot and had left it before he raid -..........
