Bharatiya Nagarik Suraksha Sanhita, 2023, Section 227 -- Issuance of process - Summoning of accused - At the stage of summoning, Court is not required to conduct a detailed appreciation of evidence but only to ascertain whether a prima facie case is made out against accused - Sufficiency of evidence to sustain a conviction is a matter to be determined at trial, not at the..........
Indian Penal Code, 1860, Section 323, 342, 34 -- Offence u/ss 323, 342, 34 IPC - Accused called victim to her house on the date of incident and thereafter, he was restrained by all petitioners and assaulted him with fists and blows causing simple injury on his person - All petitioners held, guilty for restraining way of victim and voluntarily causing simple hurt to victim..........
Indian Penal Code, 1860, Section 392 -- Robbery - Mere proof of robbery is not sufficient to hold that accused persons who were put to trial were the ones who committed offence...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - In cases where FIR is lodged against unknown persons, and persons made accused are not known to witnesses, material collected during investigation plays an important role to determine whether there is a credible case against accused - In such type of cases, Courts have to meticulously examine the evidence..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Once the manner in which accused were stated to have been arrested is doubtful, alleged recovery of screw driver, knives and country made pistol made at the time of arrest is rendered unacceptable - Moreover, weapons /articles allegedly..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Police got information about presence of accused persons at the bus depot from PW1 as per prosecution - However, where that information was given by PW1 to police, there is discrepancy in the testimony of witnesses who were part of team that..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Dock identification by eye witnesses - No test identification parade was conducted and statement of PW1 was recorded in Court after 16 months of incident - In such circumstances, not much reliance can be placed on statement of PW1 - However,..........
Indian Penal Code, 1860, Section 302, 304B, 498A, 506, 114, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - A-1 was not present at the scene of offence when incident occurred - DWs who are colleagues of A-1 supported him and categorically stated that A-1 was with them at his office on the date of incident - Demand of dowry was made by in-laws and not..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions, including examination-in-chief and cross-examination of PW1, statement of PW2 recorded in his absence - Legal Aid Counsel only appointed belatedly and changed more than once during trial - Opportunity to..........
Criminal trial -- Purpose of trial - Trial is a fact-finding exercise where prosecution and defence, after investigation by competent authorities, present their versions of events and role and duty of Court to determine the truth - While undertaking such determination, Court is not only to look at evidence at hand but also ensure that all considerations balance demand for..........
