Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 161 -- Statement of PW-14 recorded after two years and eight months of occurrence - Explanation given that he was threatened by co-accused - After his statement was recorded, accused was arrested after six years and nothing happened to him during the said period - Plea of being threatened for such a long..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 can be used for limited purpose of impeaching the credibility of a witness - It cannot by itself be treated as substantive evidence in a criminal trial...........
Criminal Procedure Code, 1973, Section 161, 162 - - Defence or Court witness - Contradiction with previous statement - No right vests in Public Prosecutor or Counsel appearing for complainant to contradict defence or Court witness with his previous statement made by such witnesses to police...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 45, 53, 302 -- Remission of sentence - Whether imprisonment for life in terms of S.53 r/w S.45 IPC meant imprisonment for rest of life of prisoner or a convict undergoing life imprisonment has a right to claim remission and whether as per principles..........
Criminal Procedure Code, 1973, Section 432, 433, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether `appropriate Government' is permitted to exercise power of remission u/s.432/433 Cr.P.C. after parallel power has been exercised by President u/Art. 72 or Governor u/Art.161 or by Supreme Court in its..........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether S.432(7) Cr.P.C. clearly gives primacy to executive power of Union and excludes executive power of State where power of Union is co-extensive? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether Union or State has primacy over subject matter enlisted in List III of Seventh Schedule of Constitution of India for exercise of power of remission? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether there can be two appropriate Governments in a given case u/s.432(7) Cr.P.C.? - Held, question referred to Constitution Bench...........
Criminal Procedure Code, 1973, Section 432, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence - Whether suo motu exercise of power of remission u/s.432(1) is permissible in scheme of section, if yes, whether procedure prescribed in sub-cl.(2) of same section is mandatory or not? - Held, question referred to..........
Criminal Procedure Code, 1973, Section 435, Constitution of India, 1950, Article 161, 72, Indian Penal Code, 1860, Section 302 -- Remission of sentence -Whether term `consultation' stipulated in S.435(1) Cr.P.C. implies `concurrence'? - Held, question referred to Constitution Bench...........
