Criminal Procedure Code, 1973, Section 161, 162(1), Evidence Act, 1872, Section 145 -- Statement of witness in court - If statement of witness is contrary to previous statement recorded u/s.161 Cr.P.C or suffers from omission of certain material particulars, then previous statement can be proved by examining the Investigating Officer who recorded the same - Before the..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Omission to mention contents of Forensic Report - Effect - Contention that contents of report of Ballistic Laboratory were not put to accused persons when they were examined u/s.313 Cr.P.C. - Held, appellants have not been able to show any circumstance that they have been prejudiced by omission to..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Any vital omission or non consideration of evidence by the Court below has to be kept in mind to prevent substantial miscarriage of justice - High Court in appeal has the same powers as the trial Court to reappreciate the evidence and arrive at its own conclusion for cogent and plausible reasons...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, proviso (b) S.138 of N.I. Act stipulates notice regarding dishonour of cheque and demanding discharge alone - There is no statutory mandate that notice shall narrate nature of liability - Therefore, omission or error in notice..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - If it is prima facie, found that the act or omission for which the accused was charged which has a reasonable connection with the discharge of his duty then it must be held to be official, to which applicability of S.197, Cr.P.C. cannot be disputed...........
Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 162 -- Murder - Conviction - Appellant not named in FIR - Propriety - Such omission by itself would not be sufficient to give benefit of doubt to accused - Held, minor contradictions, inconsistencies or embellishments of trivial nature which do not affect core of prosecution case should not be..........
Criminal Procedure Code, 1973, Section 161, 162 -- Material omission - If significant omission is made in statement of witness u/s 161 CrPC same may amount to contradiction - And question whether it so amounts is question of fact in each case...........
Criminal Procedure Code, 1973, Section 215 -- Defect or omission in charge - Effect - No prejudice caused to accused - Right from beginning of trial, accused had knowledge about case - Defect in charge singularly by itself is insufficient to set aside otherwise well merited conviction unless defect in charge is of such nature as to misled accused causing prejudice to him..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174, 175, Constitution of India, 1950, Article 20, Finance Act, 2008, Section 69 - - Retrospective amendment - Creation of offence - Effect of - Held, retrospective amendment by S.69 of the Finance Act, 2008 can ex-post facto ratify the acts of officers in issuing summons u/s 108 of the Customs..........
Criminal Procedure Code, 1973, Section 197, 482, 548 - - Sanction for prosecution - Requirement of - Abetment alleged to have been committed for offences u/ss 268, 269, 270, 278 of IPC while acting or purporting to act in discharge of official duty by illegal omission in taking proper action against offenders - Held, sanction of Government u/s 548 of Kerala Municipality..........
