Criminal Procedure Code, 1973, Section 311 -- Recall of child victim - PW1/victim was examined before Trial Court and was thereafter extensively cross-examined by defence - Despite this accused filed an application u/s 311 Cr.P.C. seeking recall and re-examination of PW1 - However, accused has failed to specify any concrete basis or factual grounds justifying necessity for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Exhibition of documents - Complainant filed documents along with his affidavit that were already on record but did not exhibit due to oversight - Documents are very much essential for just decision of case and therefore, they should be duly exhibited - Trial..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Husband is a government teacher drawing a handsome monthly salary of Rs.65,100 - Being husband and father, it is legal obligation to maintain his legally wedded wife and minor daughter - Maintenance as awarded by appellate Court cannot be said to be on lower side - Wife and minor..........
Evidence Act, 1872, Section 3 -- Fact - Finding of fact is something which is not to be conjectured by civil Court or for that matter civil first appellate Court - Evidence Act is meant for the adjudication of civil suits and also for criminal trials alike...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 323, 324, 427, 447, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Offence u/ss 323, 324, 427, 447, 504, 506 IPC in question are compoundable offences as per S.320 Cr.P.C and offence u/ss 307, 324 IPC are non-compoundable offences - However, since offences arise from..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 376(2)(n) -- Framing of charges - Rape - Promise to marriage - Not even single averment made in complaint that accused refused to marry victim or that marriage between them became impossible - Even, parties maintained relationship for 5 long years which makes it difficult to hold that sexual..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 417, Dowry Prohibition Act, 1961, Section 4 -- Framing of charges - Cheating - False promise to marry - No recital in FIR or charge sheet that Rs.5 lacs is demanded at time of construction of house - Even, statement of victim's mother nowhere shows that Rs.5 lacs is paid by her - Moreover, as per..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7, 8, 20 -- Maintenance - Petitioner has never filed any matrimonial petition for annulment of his marriage with `S' either u/ss 11 or 12 of the Hindu Marriage Act and he has filed only a divorce petition under Section 13 of the Hindu Marriage Act against `S' and it goes without saying that..........
Criminal Procedure Code, 1973, Section 200, 202 -- Private complaint - Accused not summoned as additional accused - Attempt to summon those accused in a private complaint - Amounts to abuse of process of law - It amounts to an attempt to reagitate the same grievance which had already been decided in proceedings u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 CrPC is triggered not by conjecture but by "evidence" that surfaces in Court...........
