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..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Witness cannot be recalled merely on the ground that he has not been declared hostile and has not been confronted with the statement recorded u/s 161 Cr.P.C...........
Indian Penal Code, 1860, Section 376, 457, 511, Criminal Procedure Code, 1973, Section 378 -- Rape - Appeal against acquittal - Leave to appeal - Trial Court appreciated evidence in just and proper manner while arriving at a finding that prosecution failed to bring home charges against accused - No interference warranted in it - Leave to appeal dismissed - Accused rightly..........
Criminal Procedure Code, 1973, Section 227, 154 -- Discharge - Rape case - Delay in lodging FIR or refusal to undergo internal medical examination cannot be made a ground for discharge by Court, particularly when in FIR and in statement of prosecutrix u/s 164 Cr.P.C., there are allegation of rape without her consent when she allegedly fell unconscious under influence of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of charge, Court is required to peruse entire material placed by prosecution - For purpose of considering whether charge can be framed against accused, Court can sift material placed before it...........
