Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, 17, Prohibition of Child Marriage Act, 2006, Section 6, 17 -- Bail - Offence u/ss 363, 366, 376 IPC, Ss.6, 17 Protection of Children from Sexual offences Act, 2012 & Ss.6, 17 Prohibition of Child Marriage Act, 2006 -..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 8, 20(b)(ii)(C) of NDPS Act - Co-accused already given benefit of suspension of sentence - Case of accused is not distinguishable from co-accused - Accused are in..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - On basis of parity with co-accused - Case of accused is totally distinguishable from that of co-accused whose sentences have been suspended by Court - Accused is named in FIR along with his brothers, all of whom sitting in same jeep which was used in commission of crime - He..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Persons named in FIR but not implicated in charge sheet can be summoned to face trial, even if stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in FIR but not implicated in charge sheet has gone,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement of PWs before Court can be said to be `evidence' during trial within the meaning of word `evidence' used u/s 319 Cr.P.C, therefore, on the basis of same, persons against whom no charge sheet is filed can be summoned to face trial...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - While considering application for discharge, Court must proceed on assumption that material brought on record by prosecution is true and evaluate the material in order to determine whether facts emerging from material taken on its face value, disclose existence of ingredients necessary to constitute the offence...........
Criminal Procedure Code, 1973, Section 482, 239 -- Quashing of proceedings - Proceedings quashed as certificate u/s 65-B(4) Evidence Act not produced when charge sheet was filed - Need for production of such a certificate would arise only when electronic record is sought to be produced in evidence at trial - Stage at which High Court sought to apply said provision thus,..........
Indian Penal Code, 1860, Section 406, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Misappropriation of cash and gold jewellery - Charge levelled against applicant with regard to misappropriation of jewellery and gold has not been found substantiated - Even there is no proof of misappropriation of cash - Factum of litigation between..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge for an offence against an accused only prima facie has to be seen whether sufficient grounds are available on record to proceed against him and even strong suspicion is enough to frame charge and at this stage of proceeding evidence is not required to be analyzed, as it is..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge truth, veracity and effect of evidence which prosecution proposes to produce are not to be meticulously examined...........
