Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, Section 25, 27 -- Summoning - Magistrate was not required to make a microscopic appreciation of evidence before him - He was required only to see whether there was prima facie case against the accused warranting his being put on trial - Additional Sessions Judge should not..........
Criminal Procedure Code, 1973, Section 193, 319 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 - Summoning order - Accused-petitioner earlier discharged by Judicial Magistrate 1st Class on an application moved by the prosecution - Summoning order by Additional Sessions Judge u/S.319 of the Code at the stage of framing of the charge without recording..........
Criminal Procedure Code, 1973, Section 200, 203, 204 -- Complaint - Issuing of process - The Magistrate delved deep into appreciating the evidence led by the complainant during the course of the preliminary enquiry - Undertook the exercise whether the ocular account was corroborated by medical account in all its essentials and dismissed the complaint - In revision..........
Juvenile Justice Act, 1986, Section 2(h), 24, Criminal Procedure Code, 1973, Section 401 -- Contention of the petitioner before Addl. Sessions Judge that on the date of committing of alleged offence on 02.07.1993 he was below 16 - Should not have been charged and tried with other accused under section in view of provisions of Section 24 of the Act - On the basis of school..........
Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Circumstantial evidence - If the other links in the chain of circumstances are conclusive against the accused, his false plea and defence would be an additional circumstance against him - But if the links aforesaid are weak, a false plea put up by an accused, would not strengthen the case of the..........
Criminal Procedure Code, 1973, Section 311, 401 -- Reexamination - Of witnesses - Application for recall of prosecution witnesses - Prosecution evidence concluded on 13.05.1996 - Statement of the accused recorded on 27.05.1996 - Application for recalling of prosection witnesses submitted on 06.01.1997 - Application dismissed by trial court taking view the time gap and..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing - Framing of charge - under Section 307 of IPC - FIR registered under Sections 324/342/307/34 IPC against the accused/respondents - Additional Session Judge after hearing argument with regard to the framing of charge passed impugned order holding that from the perusal of medical reports and medical..........
Evidence Act, 1872, Section 101, 103 -- Burden of proof - Defence - False - Cannot take place of proof of facts which prosecution has to establish in order to succeed - A false plea may be considered as an additional circumstance if other circumstances proved and established point out guilt of accused...........
