Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), Ss.377, 378 - Appeal against acquittal - Held, no distinction can be made between a case instituted by complainant/informant with police and by complainant before Court directly - An absolute right of victim (complainant or not) to file an appeal u/proviso to S.372 does not get..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 61 -- Recovery of charas - Conscious possession - Two accused persons occupying seats Nos.32 & 34 of bus and in between them on seat No.33 bag containing charas weighing 4kg. 847 gms was lying on upper side - Bag was not found in possession of either of accused - No evidence that bag was hidden by any of..........
Criminal Procedure Code, 1973, Section 401 -- Revisional power - Exercise of - Held, High Court in revision can set aside an order of acquittal but it cannot convert an order of acquittal into that of an order of conviction - Only course left to High Court in such exceptional cases is to order re-trial...........
Indian Penal Code, 1860, Section 363, 366, 376, 114 -- Kidnapping & rape - Appeal against acquittal - Acquittal upheld - Prosecution failed to prove that age of prosecutrix was 14 years on date of incident and even parents of prosecutrix also failed to give any satisfactory explanation regarding age of prosecutrix - No material on record to show that on date of alleged..........
Indian Penal Code, 1860, Section 498A, 307 -- Offence u/ss 498-A, 307 IPC - Acquittal by trial court - Revision against - Held, as there are number of reasons cited by trial court for acquitting the accused and on those grounds itself, the revision is liable to be dismissed - The grounds of acquittal are : (i) second marriage of victim during subsistence of her first..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Re-appreciation of evidence is not possible in a revision against acquittal unless and until there are some procedural irregularities or illegalities in the decision of case - Even if reading of evidence by trial court is free from flaw the same cannot be ground to justify the exercise of..........
Criminal Procedure Code, 1973, Section 378(3), 397, 401 -- Appeal against acquittal - Once an appeal against acquittal stood dismissed by Hon'ble Division Bench, revision against acquittal cannot be entertained...........
Indian Penal Code, 1860, Section 489A, 489C, 489D -- Making/using notes resembling currency notes - Charges against co-accused same - Same set of evidence and charges against both of them - Co-accused acquitted by co-ordinate Bench - Reasons assigned by co-ordinate Bench for acquittal of co-accused are based on proper appreciation of evidence - Held, accused also liable to..........
Criminal Procedure Code, 1973, Section 378 -- Dowry death - Order of acquittal - Interference with - Held, interference against an order of acquittal should not be a matter of course - However, where trial Judge commits a jurisdictional error, appellate Court is entitled to interfere and correct error - In present case, trial Judge arrived at a conclusion that death was..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal by victim - Delay of 725 days - Condonation - Since there is no procedure to inform victim after acquittal or conviction in the case, victim may get information as regards fate of case, after a long lapse of time - Long lapse of time may occur in filing appeal by victim in the absence of appeal by State..........
