Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Accused/petitioner is a female and is residing with her husband - She is on bail and duly represented by her counsel - Distance between place where petitioner is residing from the Court is approximately 230 kms - Personal appearance of petitioner thus, exempted...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Delay in FIR - Rape - Delay per se in lodging FIR may not be fatal in rape case - However, same would depend on the facts of each case...........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 295-A IPC - Limitation - Book published in 1980 whereas FIR registered after a gap of 29 years of publication - FIR shows no explanation for delay in registration of FIR - Prosecution of petitioner barred as per S.468 Cr.P.C. - FIR quashed...........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 295A IPC - Book published in the year 1980 and FIR registered after a gap of 29 years, i.e. in the year 2009 - In the concluding part of book it is concluded that it is difficult to hold that Maharishi Balmiki was a dacoit - This part of publication..........
Criminal Procedure Code, 1973, Section 319, 70 -- Summoning u/s 319 Cr.P.C. - Non bailable warrants not to be issued in the first instance - Non-bailable warrants issued against petitioners converted to bailable warrants...........
Criminal Procedure Code, 1973, Section 386(b)(iii), 401 -- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence but said course is permissible only after giving notice of enhancement to accused - Order enhancing sentence of accused from 7 years to 10 years under POCSO Act without giving notice is not in accordance with procedure..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail during pendency of appeal against conviction - Murder - Extra judicial confession made by accused and there is inconsistency between PWs regarding same - Recovery of dead body and other weapon of assault thereafter made at the disclosure statement of accused while in custody which..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Legally wedded wife - No evidence on record that parties ever lived together as husband and wife - Merely on basis that name of husband was written as of father of respondent no.2 in voter list, voter card, birth certificate of respondent no.2, it cannot be said that wife being mother of respondent no.2 is..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - To attract the provision of S.319 Cr.P.C, it is necessary to establish from evidence led before Court, not necessarily tested on anvil of cross-examination, as it requires much stronger evidence than mere probability of his complicity - Test that has to be applied is one which is more than..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Rape case - There is categorical and unequivocal allegation of outraging modesty of informant, as mentioned in FIR and her corroborating statements given at different stages, primarily attributes specific role to all accused including petitioner - Named accused undoubtedly are influential..........
