Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - Length of imprisonment has obvious bearing on consideration of prayer for suspension of execution of sentence during pendency of appeal - When there is fundamental error as regards such an over-bearing factor, prayer of appellant requires reconsideration after..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - Prayer rejected considering sentences to run consecutively but sentences were to run concurrently - Order passed considering sentences to be for 45 years whereas sentence was for 7 years - Length of imprisonment has obvious bearing on consideration of prayer for..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Murder case - Omission of name of informant/PW1 in FIR - Not a single word was put to PW1 in this regard when he was subjected to cross-examination - Unless an explanation is sought from a particular witness regarding omission/contradiction appearing in his sworn testimony vis-a-vis previous statement/written report,..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Second application moved by accused u/s 391 Cr.P.C on the same issue without any material change after 7 months of rejection of first application u/s 391 Cr.P.C - However, Appellate Court proceeded to allow the..........
Criminal Procedure Code, 1973, Section 432, 433 -- Premature release - Offence u/ss 302, 307 IPC - Petitioner convicted on 3 counts for offence u/s 302 IPC and on 4 counts for offence u/s 307 IPC and in relation of which he has been given life imprisonment on each count - Question as to whether petitioner should be granted remission and premature release in respect of all..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Application by accused for summoning of Income tax return of complainant for the year 2013-2014 - These documents are relevant to establish financial capacity of complainant at the relevant time - Application allowed - Complainant directed to produce income tax..........
Criminal Procedure Code, 1973, Section 238, 239, 241, Indian Penal Code, 1860, Section 454, 380, 34 -- Conviction on plea of guilt - Non-compliance of provisions of Ss.239, 240 Cr.P.C - Offence u/ss 454, 380, 34 IPC - Procedures prescribed by Ss.239, 240 Cr.P.C i.e consideration by Magistrate of police report and matter submitted before it and an opinion formed that charge..........
Criminal Procedure Code, 1973, Section 161 -- Examination of witnesses by police - A person who stands in the shoes of accused being named in FIR can be examined by Police Officer u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 162 -- Statement given to police by a person who stands in the shoes of an accused - Admissibility - Statement containing not a confession but admission, which is otherwise relevant and which is made before investigation commences may be admissible u/s 162 Cr.P.C - Bar u/s 162 Cr.P.C operates in regard to statement made to a Police..........
Evidence Act, 1872, Section 25, Criminal Procedure Code, 1973, Section 162 -- Confession - Confession made to a Police Officer is clearly inadmissible, even if it does contain admissions by virtue of S.162 Cr.P.C, such admissions are clearly inadmissible and not relied upon...........
