Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Statement of PWs - Mother of deceased/PW6 while deposing demand of dowry has not deposed to any particular act of cruelty or harassment by appellant - Essential ingredients of S.304-B IPC not made out from evidence of PW6 - Statements of bother of deceased/PW7 not contain any specific instance of..........
Indian Penal Code, 1860, Section 452, 354A(i), Protection of Children from Sexual Offences Act, 2012, Section 10, 9(m), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 308 -- Examining a child witness - Petitioner sought to Direct the trial court to permit the counsel for the petitioner/accused to cross examine the survivor (PW1) by putting questions directly in cross..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Appellant married with prosecutrix and they have four children out of their wedlock - Therefore, in exercise of power u/art 142 of constitution, conviction and sentence set aside - Appellant acquitted...........
Indian Penal Code, 1860, Section 306, 498A, 34, Evidence Act, 1872, Section 67, Criminal Procedure Code, 1973, Section 154 -- Acquittal - FIR has to be corroborated and proved for there to be any value of the same in the case - In case the death of the informant has no nexus with the complaint lodged i.e. he died a natural death and did not succumb to the injuries..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - There are material omissions in the statements of eye witnesses of PW4 and PW5 which amount to contradiction - Both the witnesses neither reported the incident to Police nor took deceased to a hospital - Statement made by eyewitnesses that appellant inflicted two to three stab wounds on the back..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 479, Indian Penal Code, 1860, Section 354, 354A, Prevention of Women from Domestic Violence Act, 2005, Section 8 -- Bail - Undertrial prisoner - Victim has not been examined yet - Mother of victim is not willing to appear before trial Court, as she does not wish to pursue FIR - Applicant has already undergone one third..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 498A, 323, 506 -- Further investigation - Offence u/ss 498-A, 323, 506 IPC - Application for further investigation filed by complainant after her chief examination was completed - There was no justification whatsoever for High Court to have directed further investigation into the case at such a..........
Indian Penal Code, 1860, Section 34 -- Common intention - For convicting accused with aid of S.34 IPC, prosecution must establish prior meetings of minds - It must be established that all the accused had preplanned and shared a common intention to commit crime with accused who has actually committed the crime - It must be established that criminal act has been done in..........
