Criminal Procedure Code, 1973, Section 227 -- Discharge - Court when forming opinion for deciding discharge application, it has to discuss material of charge sheet available before him...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
Indian Penal Code, 1860, Section 363, 376D, 377, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 227 -- Kidnapping and rape - Discharge - Police investigated the matter and recorded the statement of witnesses including victim and after collection of evidence and conclusion of investigation submitted charge sheet..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Discrepancies between FIR and any subsequent statement u/s 164 Cr.P.C may be a defence, but not a ground for discharge without initiation of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While disposing discharge application, Court below may not appreciate the defence of accused, as same should be appreciated at the stage of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While disposing discharge application, application of mind should be reflected, as Court is not to act as mere post office...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Discharge - At the stage of framing of charge, sufficiency of materials for the purpose of conviction is not the requirement and a prayer for discharge can be allowed only if Court finds that materials are wholly insufficient for purpose of trial...........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - Discharge - When there are materials raising strong suspicion against an accused, Court will be justified in rejecting prayer for discharge and in granting an opportunity to prosecution to bring on record entire evidence in accordance with law so that case of both the sides may be considered..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 306 -- Discharge - Abetment of suicide - Deceased committed suicide leaving behind two suicide notes - Charges u/s 304-B IPC and other related sections had already framed and confirmed - Keeping in view of suicide notes as well as statements of witnesses, accused ought not to have been discharged..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
