Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of considering discharge application, Court should not enter into appreciation of evidence to verify if the defence plea can be established by accused or not...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Entire case of prosecution is based on circumstantial evidence mainly on the Call Details Record (CDR) of wife of petitioner - Said Call details indicate that calls were made to the phone number of prime accused before and after the incident alleged in the FIR - Charge-sheet reveals that statement of wife..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PW6 who was working as male nurse in Hospital stated that he brought the deceased to hospital in ambulance and deceased told him that accused/respondent Nos. 2 & 3 had caused injuries with lathi to him - From the statements of witnesses, prosecution had failed to produce any evidence regarding..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding the merit whatsoever in the application u/s 319 Cr.P.C, more than prima facie case is to be established from the evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Apprehension of threat - Applicant was provided adequate security at the time of recording of evidence as PW1 - He has not brought on record nay real apprehension of threat from accused - Trial is at the stage of evidence - However, looking to convenience of parties and in the interest of justice, in case..........
Criminal Procedure Code, 1973, Section 227, 239, 240 -- Discharge - At the stage of formation of opinion u/ss 227, 239, 240 Cr.P.C, Court is not required to weigh the probative value of material brought on record in the golden scale or to presume the prosecution story as gospel truth - Nature and degree of evaluation at this stage is limited to determine whether a prima..........
Criminal Procedure Code, 1973, Section 156 -- Investigation - In cases where FIR is lodged against unknown persons, and persons made accused are not known to witnesses, material collected during investigation plays an important role to determine whether there is a credible case against accused - In such type of cases, Courts have to meticulously examine the evidence..........
Criminal Procedure Code, 1973, Section 237 -- Recording of evidence in presence of accused - Presence of accused`s counsel during recording of statement is necessary...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Scope of interference by an appellate Court for reversing the judgment of acquittal recorded by trial Court in favour of accused has to be exercised within the four corners of following principles: (i) That judgment of acquittal suffers from patent perversity; (ii) That same is based on a..........
