Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - In case of acquittal double presumption is in favour of accused i.e : (i) presumption of innocence; and (ii) Accused having secured his acquittal, presumption of his innocence is further reinforced, reaffirmed and strengthened by trial Court...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 504, 506 -- Anticipatory bail - Rape - Promise of marriage - Prosecutrix a young educated girl consented to have sexual intercourse with accused on the promise of marriage - She being fully aware of consequences of having sexual intercourse with a man before marriage - Promise to marry cannot..........
Criminal Procedure Code, 1973, Section 178, 179, 184 -- Territorial jurisdiction - Once an offence is committed within India, territorial jurisdiction vests in Court to try the offence as per Ss.177 to 184 Cr.P.C. - Whereas, if offence is committed by a citizen of India outside India or by any person on an Aircraft or ship registered in India then it has to be tried as per..........
Criminal Procedure Code, 1973, Section 178, 179, 184, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Passport Act, 1967, Section 12 -- Territorial jurisdiction - Criminal conspiracy - Cheating and forgery - Some offences were committed in India and some outside India - Cause of actions thus,..........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 18, 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintenance of wife is personal obligation of husband - Such an obligation cannot be satisfied from self-acquired property of parents of husband - During subsistence of marriage maintenance of married wife is personal obligation on part of husband -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 411, 465, 467, 468 -- Quashing of FIR - Cheating - Property dispute - Sale deed in question executed by accused in favour of complainant`s wife and she further executed same in favour of third party - Title was clear - No case of misrepresentation - Contention of complainant that some..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court while dismissing petition u/s 482 Cr.P.C., has no power to direct investigating agency not to arrest accused during investigation - Said direction amounts to an order u/s 438 Cr.P.C., albeit without satisfaction of conditions of said provision, which is legally unacceptable...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Power u/s 482 Cr.P.C. is very wide and has to be exercised very sparingly and with caution and when and only when such exercise is justified by test specifically laid down in the provision itself...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Once an FIR is registered, accused can always approach High Court u/s 482 Cr.P.C. or u/art 226 of Constitution for quashing FIR...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.18 of 1989 Act creates a bar in invoking S.438 Cr.P.C. - However, a duty is cast on Court to verify averments in FIR or in complaint to find out whether an offence under Act of 1989 Act prima facie made out against..........
