Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appeal against - Refusal by non speaking order - Court must given reasons, howsoever, brief, in its order indicating of an application of its mind - Absence of reasons render order not sustainable - Impugned order set aide...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Reassessing of evidence - Power of High Court - Held, in appeal against acquittal though powers of High Court to reassess evidence and to reach its own conclusion are as extensive as in an appeal against an order of conviction, yet as a rule of prudence, it should always give proper weight and..........
Indian Penal Code, 1860, Section 498A, 304B, 201 -- Deceased found dead the next morning after the nuptial night - Held, that demand of dowry or any harassment on that basis could not have taken place immediately after the marriage - Such features emerge only after sometime has elapsed - Even medical evidence is of no help in determining the cause of death - Presumption..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery from a room in a hotel - Hotel is a public place but not the room in a hotel occupied by a guest - Provision of S.42 of the Act is required to be complied with - Acquittal upheld as provision of S.42 of the Act not complied with...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Consent for - Duty of Court - Held, when an application u/s 321, Cr.P.C. is made, it is not necessary for Court to assess evidence to discover whether the case would end in conviction or acquittal - All that Court has to see is whether the application is made in good faith, in the interest of public..........
Indian Penal Code, 1860, Section 395, Evidence Act, 1872, Section 9 -- Dacoity - Test Identification Parade- Appeal against acquittal - Two eye witnesses took part in TIP - One eye witness failed to identify accused - Accused was having brownish eyes - No person of brown eyes was mixed in TIP - Nothing recovered from both accused - Acquittal order passed by trial Court..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Milk - Sample contained fat to the extent of 4% and milk solids to the extent of 7.4% - Standard of fat required is 3.5% - Standard of non fat required is 8.5% - Thus solids not fat was less than 1.1% but sold were .5% on higher side - Milk can be adulterated only if fat and solids both are on lesser side -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 42(2) -- Opium - Recovery of - Secret information received by IO - Secret information recorded but not sent to immediate superior officer - Provision of S.42(2) is mandatory - Acquittal upheld...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of non compoundable offence - Finding of acquittal cannot be recorded in favour of accused - However, taking into consideration that parties are already married the sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 313, Criminal Procedure Code, 1973, Section 320 -- Conviction and sentence u/s 313 IPC - Compounding of offence - Offence u/s 313 IPC not compoundable - Finding of acquittal cannot be recorded in favour of accused - However, taking into consideration that parties are already married the sentence reduced to already undergone...........
