Criminal Procedure Code, 1973, Section 252 -- Plea of guilty - Plea not recorded as nearly as possible in the words used by accused - Conviction set aside...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 376(2)(g), 342 -- Compensation to victim - Gang rape - Keeping in view the age of victim at the time of occurrence, nature and gravity of offence committed and family background - DLSA directed to examine the case of victim after conducting necessary enquiry in accordance with law for grant of..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(C) -- Bail during pendency of appeal - Conviction under NDPS Act - Recovery of 1.850 Kgs diazepam/intoxicating powder - Commercial quantity - Nature of offence is extremely serious because drugs like diazepam are extremely injurious to public at large -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of F.I.R. - Compromise between parties before Permanent Lok Adalat collapsed - Husband now offered Rs.2.50 lacs towards full and final settlement i.e. permanent alimony and maintenance which is not acceptable to wife - Petition dismissed...........
Criminal Procedure Code, 1973, Section 41, 157 -- Arrest of accused during investigation - As per evidence on record, it does not show as to on what basis accused was arrested as neither he is named in FIR nor police having anything against him - Hence, his arrest without there being any evidence and without his being named in FIR will certainly entitle him benefit of..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 313 -- Rape - Examination of accused - Accused convicted on the basis of Report of Serology Division of FSL - Said circumstance not put to accused in his examination u/s 313 Cr.P.C., which vitiated judgment of trial Court - Merely supplying copy thereof to defence counsel is not sufficient -..........
Criminal Procedure Code, 1973, Section 164 -- Statement of witness recorded u/s 164 Cr.P.C. - Not a substantive evidence but can only be used for corroboration...........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Cannot vitiate conviction when there is adequate independent evidence to bring home the charge against the accused...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Can only be treated as application for passing order for registration of case and investigation and it cannot be treated as complaint case - Magistrate is not always bound to pass order to register a case and investigate if cognizable offence is made out - Magistrate is fully competent to use..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, Essential Commodities Act, 1955, Section 3, 7 -- Anticipatory bail - Custody of accused required for recording his confessional statement in terms of what co-accused already stated in the statement u/s 161 Cr.P.C. - Purpose of custodial interrogation is not just for the purpose of confession..........
