Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34 -- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Exoneration in departmental enquiry of same subject matter - Does not automatically lead to acquittal in a criminal trial or even quashing of criminal proceedings...........
Indian Penal Code, 1860, Section 304(Part I), 307 -- Offence u/ss 304(Part I), 307 IPC - Appeal against acquittal - No enmity between accused and victims - Material contradictions were found in statements of eye witnesses - FIR lodged after delay of 13 days and no explanation was given for the same by prosecution - Most of PWs turned hostile - Prosecution failed to prove..........
Criminal Procedure Code, 1973, Section 372, 378, Limitation Act, 1963, Article 114 -- Appeal against acquittal - Limitation for preferring an appeal against order of acquittal by victim is 90 days in all cases, other than the cases instituted upon complaint and 60 days for any case instituted upon complaint against order of acquittal after High Court grants special leave..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Right to prefer an appeal conferred upon victim or relatives of victim by virtue of S.372 Proviso Cr.P.C. is an independent statutory right...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Return of passport - During pendency of appeal against acquittal - On acquittal, there is a presumption of innocence in favour of petitioner - Until and unless, acquittal is converted into conviction, he is deemed to be innocent - Prayer for return of passport, accepted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Evidence scanty and lacking support to establish that contraband was really recovered from possession of accused in the manner alleged by prosecution on the said date and time - Order of acquittal upheld...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Testimony of witnesses - Recovery weapon - Last seen evidence and extra-judicial confession made by respondent-accused before PW-16, is found unworthy of reliance - Further, murder weapon axe, was recovered at the instance of accused from an abandoned open room in a field which had easy access..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual physical relationship : (a) Manner in which prosecution alleges the incident to have taken place is highly unbelievable; (b) Hue and cry made by prosecutrix but not heard by neighbours who were admittedly present in and around the place of occurrence; (c) first information given by prosecutrix to police at 100..........
