Criminal Procedure Code, 1973, Section 207 -- Documents exhibited without deciding objections as to its admissibility - Documents, except one, not part of challan - Nothing mentioned as to how these documents were relevant for just decision of the case - Impugned order set aside - Matter remanded for passing a speaking order after considering the objections...........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies to accused when proceedings are instituted on a police report free of cost viz. (i) The police report; (ii) The first information report recorded u/s 154 Cr.P.C. (iii) Statement recorded u/s 161(3) Cr.P.C.; (iv) The confessions and statements, if any, recorded under section 164; (v) Any other document or..........
Criminal Procedure Code, 1973, Section 207 -- Provision of S.207 is mandatory - Copy of police report and copy of other relevant documents is to be supplied to accused free of cost without any delay - Demand or no demand of these copies is not material - No mention in judicial record as to supply of these copies to accused - Court below directed to supply a copy of police..........
Indian Penal Code, 1860, Section 24, 25, 206, 421, 424, 207, 208, 210, 243, 246, 247, 248, 249, 250, 251, 252, 253, 261, 264, 265, 266, 415, 416, 417, 418, 419, 420, 422, 423, 463, 464, 465, 466, 467, 468, 469, 470, 471, 474, 477, 496 -- Fraudulently - A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise - Term..........
Criminal Procedure Code, 1973, Section 154, 207 -- FIR - Preliminary enquiry report - Supply of copy - Necessity of - u/s 207 Cr.P.C. defence has been supplied with FIR of regular case, charge sheet and all documents that accompanied charge sheet - Held, desire of petitioner to have copy of report of preliminary enquiry does not stand to reason...........
Indian Penal Code, 1860, Section 207, 324, 304 (Part II) -- Arms Act, 1959, S.25 - Weapon of offence - Rifle of .302 bore sent to Ballistic Expert whereas rifle of .315 bore was used in the commission of offence - The discrepancy and inconsistency in regard to the use and recovery of weapon of offence from the possession of accused is very vital to discard the truthfulness..........
Criminal Procedure Code, 1973, Section 164, 207, 173 -- Confessional statement of accused - Supply thereof - Held, there is no prohibition in law to supply a copy or a certified copy of a confessional statement of an accused, to accused, at any stage before filing of charge-sheet - However, accused has no legal right to seek a copy or a certified copy of his/her..........
Criminal Procedure Code, 1973, Section 164, 207, 173, Constitution of India, 1950, Article 19, 21 -- Freedom of press - Media trial - Confessional statement - Reporting thereof - Duty of media - Held, in case, even before filling a charge-sheet, if media gets an access to a confessional statement of an accused or even without getting such an access reports incorrectly..........
Criminal Procedure Code, 1973, Section 207, 227, 452 -- Charge - After framing of charge Magistrate has no jurisdiction to recall such order on ground that prosecution had failed to comply with the provision of S.207 Cr.P.C. - At the stage of framing charge Court can only look into the material produced by prosecution while giving an opportunity to the accused to show that..........
Criminal Procedure Code, 1973, Section 207, 208 -- Documents in terms of Ss.207 and 208 are supplied to make the accused aware of the materials which are sought to be utilized against him - The object is to enable the accused to defend himself properly - The idea behind the supply of copies is to put him on notice of what he has to meet at the trial...........
