Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 250 gms. of opium - In statement of accused u/s 313 Cr.P.C. no question was put as to conscious possession of opium - Word `Conscious' also missing in the charge framed - Held, defence of accused is prejudiced by this omission - Accused acquitted...........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 199(1) -- Offence u/s 500 IPC - Complaint can be filed only by aggrieved person - Charge sheet filed by police cannot be called a `complaint' filed u/s 200 of the Code...........
Indian Penal Code, 1860, Section 376 -- Rape - Delay of 5 days in lodging complaint - Except sister-i, law of complainant, no other witness to the incident and no other material evidence on record - Medical report indicating some scratch marks or bruises which may be several days old - Held, only on the basis of certain bruises and scratches on the body of complainant, it..........
Criminal Procedure Code, 1973, Section 482 -- Framing of charge - Revision lies against order framing charge - Held, in matters when impugned order can be challenged before Court of revision then in such matters, inherent powers should not be exercised - Petition u/s 482 Cr.P.C. is not maintainable...........
Indian Penal Code, 1860, Section 395, 397 -- Dacoity - Revision against order for framing of charge - FIR did not mention that any theft was committed by any of the applicant - Trial Court erred in framing the charge and it was liable to be set aside...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Mere recovery by itself cannot prove the charge of prosecution against the accused, in the absence of any evidence to prove payment of bribe or to show that the accused voluntarily accepted the money knowing it to be bribe...........
Indian Penal Code, 1860, Section 376, 323, 342 -- Rape - Material contradictions in evidence of prosecutrix, her husband and sequence of events narrated in FIR - Evidence of doctor does not endorse accusation of forcible sexual intercourse with prosecutrix - Held, prosecution failed to prove charge beyond reasonable doubt - Appellant entitled to benefit of doubt - Accused..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Accused are strangers to PW2 - No steps have been taken to hold identification parade - An admission has been given by PWs 2 & 3 that they have seen the accused for the first time in Court - No reliance can be placed on their testimony to hold that accused have committed dacoity - Prosecution has failed to establish the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Head on collision - Both drivers charge sheeted - Death of one driver and thus his name deleted from charge sheet - Tribunal holding it case of contributory negligence - Tribunal relying charge sheet and ignoring eye witnesses - Tribunal erred in concluding it a case of contributory negligence in absence of..........
Indian Penal Code, 1860, Section 307, 323, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Hurt - Quashing of charge-sheet - No reason why victim would not name applicants in FIR regarding incident of attempt to murder her if they were present at that time - Subsequent statements of opposite party No.2 and other witnesses given to second investigating..........
