Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Appellate Court can refer to additional evidence only if same has been recorded as per S.391, Cr.P.C - Any material produced before Appellate Court to fill up gaps by either side cannot be considered by Appellate Court, more so, to reverse judgment of trial court...........
Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Prosecution for perjury be sanctioned by Courts only in those cases where perjury appears to be deliberate and it would be expedient in the interest of justice to punish delinquent and not merely because there is some inaccuracy in the statement...........
Criminal Procedure Code, 1973, Section 193, 195, 211, 340 -- Disparaging remarks against police officials - Initiation of proceedings - High Court without recording reasons u/s 340(1) Cr.P.C. and without affording an opportunity of hearing to police officials based on materials produced before Appellate Court, issued direction to Registrar General to lodge a complaint..........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording statement of witnesses - Does not necessarily discredit their testimony - Court may rely on such testimony if it is cogent and credible and delay is explained to the satisfaction of Court...........
Indian Penal Code, 1860, Section 295A, Information Technology Act, 2000, Section 66, 67, Criminal Procedure Code, 1973, Section 439 -- Allegation levelled in FIR is that applicant is in whatsapp group - No direct role assigned to him - Role of applicant as per allegation appears to be distinguishable from other co-accused - Applicant has no criminal history - Charge sheet..........
Criminal Procedure Code, 1973, Section 231(2) -- Application u/s 231(2) Cr.P.C - While deciding an application u/s 231(2) Cr.P.C., a balance must be struck between rights of accused and prerogative of prosecution to lead evidence...........
Criminal Procedure Code, 1973, Section 231(2) -- Adjournment of cross-examination of CW1 - Bald assertion made by counsel of accused that defence of accused would be prejudiced if cross-examination of CWs 1 to 5 is not deferred until examinatio, i, chief of CWs 2 to 5 - No specific reasons pleaded for deferring cross-examination - Moreover, accused are highly influential..........
Criminal Procedure Code, 1973, Section 154, 482, Arms Act, 1959, Section 25(1b)(a), 27 -- Two FIRs - Quashing of second FIR - Offence u/ss 25(1b)(a), 27 IPC - For same occurrence no two FIRs could be allowed to survive - However, narration of both the cases in hand are distinct to each other, as present case is for recovery of arms and ammunition and earlier case relates..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sheer detention period cannot be a conclusive ground to release accused on bail in all cases regardless to merits of case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Second bail application - Murder of wife by husband - Evidence on record shows that accused murdered his wife - Motive of crime is that deceased is said to have got an insurance of Rs.5 lakhs - Weapon of offence also discovered at the pointing of accused -..........
