Criminal Procedure Code, 1973, Section 300 -- Double Jeopardy - Where the accused had been discharged and it has not resulted in acquittal or sentence of the accused, Section 300 Cr.P.C. would not be applicable...........
Indian Penal Code, 1860, Section 302, 324, 323, 34, 120B -- Murder - Appeal against acquittal - Acquittal of the accused held to be on flimsy grounds - The view taken by the trial Court not borne out from the record - The only view which was possible was about the guilt of the accused having been proved beyond shadow of doubt - Judgment of the Additional Sessions Judge set..........
Criminal Procedure Code, 1973, Section 299 -- Held that it cannot be disputed that proceedings taken under sub-section (1) of S.299 of the Code though judicial proceedings, cannot be construed as inquiry or trial - Because the statement of the witnesses recorded can only be accepted in evidence in the eventuality where the witnesses, whose statements had been recorded were..........
Criminal Procedure Code, 1973, Section 319, 299, 482 -- Summoning as additional accused - Quashing of order - Petition for - Summoning order not based primarily on the statements of `P' and `H' recorded in court but mainly on the basis of police statements recorded during the course of investigation - Excluding the statements of `P' and `H' recorded in proceedings under..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Parallel remedy - Reference to Arbitrator - Fora constituted under the C.P. Act have jurisdiction to entertain and decide the disputes which are covered by Section 7B of the Indian Telegraph Act - In appropriate cases the Forum can very well decide the dispute if it does not involve elaborate..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction - Rape - Sentence - Prosecutrix 15 years of age - She remained with the accused appellant for 4-1/2 months at different places - Held that even if she had consented to sexual intercourse with the appellant the case would still be one of rape - Appellant aged 20 years at the time of occurrence and married having a..........
Indian Penal Code, 1860, Section 149 -- In case of a sudden mutual fight between the two parties, there can be no question of invoking the aid of Section 149 for the purpose of imposing constructive criminal liability on an accused - Accused in such a case can be convicted only for the injuries caused by him by his individual acts...........
Criminal Procedure Code, 1973, Section 200, 156(3), 36 -- Investigation by police - Order by Magistrate - Section 156(3) of the Code empowers a Magistrate to direct such officer in charge of the police station to investigate any cognizable case over which such Magistrate has jurisdiction and not a superior police officer...........
Criminal Procedure Code, 1973, Section 173, 156 -- Report u/s 173 - There are three options to the Magistrate namely, (i) to accept the report and take cognizance of the offence and issue process; or (ii) may disagree with the report and drop the proceeding; or (iii) may direct further investigation under Section 156(3) of the Code...........
Criminal Procedure Code, 1973, Section 164 -- Confession - It must be proved that the same was voluntarily made by the maker - It would, of course, be necessary in every case to put the questions prescribed by the High Court circulars but the questions intended to be put under sub-section (2) of Section 164, should not be allowed to become a matter of a mere mechanical..........
