Criminal Procedure Code, 1973, Section 216 -- Charge - Correction - Correcting date of incident - Wrong mentioning of date of incident in charge, does not vitiate trial, particularly when accused knew that he is asked to face trial for actual date of incident - However, order as to correction of date of incident cannot be said to be without jurisdiction...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charge altered u/s 364 IPC to S.364-A IPC - FIR and charge sheet filed for the offence u/ss 302, 201, 364-A IPC - However, due to inadvertent mistake, S.364 IPC inducted instead of S.364-A IPC - Accused fully understood the charges and defended the matter - No prejudice therefore can be said to have been..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Purpose of framing the charge is to put the accused at notice regarding offence for which he is being tried before the Court and to ensure that accused receives details thereabout so that he does not suffer prejudice...........
Indian Penal Code, 1860, Section 363, 372, 511 -- Kidnapping of girl for selling purposes - Mere statement that accused were talking of selling out victim by itself is not sufficient to bring the charge u/s 372 IPC...........
Indian Penal Code, 1860, Section 363, 372, 511 -- Kidnapping of girl for selling purposes - Sole testimony of victim - Victim stated that she was having affair with accused - This by itself gives strong possibility that victim had every desire to accompany accused on her own free will - Moreover, victim discovered to be 18 years of age, which shows that she being major was..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Charge against a person can only be framed if there exists a strong suspicion but nothing less than that - Mere suspicion without any basis cannot be the reason for framing of charge against a person and putting him to trial...........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227, 228 -- Offence u/ss 304-B, 498-A, 34 IPC - Framing of charge - Discharge of mother-i, law and married sister-i, law of deceased - Deceased committed suicide in her matrimonial home - Suicide note was found in which guilt has not been saddled on any of accused, much less mother-i,..........
Indian Penal Code, 1860, Section 363, 366A -- Kidnapping - Prosecutrix herself admitted that she accompanied accused voluntarily as she wanted to marry him - She remained with accused for 8/9 days voluntarily - Prosecutrix also stated that accused did not commit any wrong with her - More so, age of prosecutrix was between 17 to 18 years, that means she was mature enough to..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to SIT or CBI - Offence u/ss 189, 193, 195, 341, 342 IPC - Petitioner on the one hand made false allegations against SIT (Special Investigation Agency) and on the other hand sought transfer of investigation to SIT - Conduct of petitioner cannot be said to be desirable - Moreover, charge-sheet filed to..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Gold ornaments - Since stage of inquiry is concluded and there is no charge against petitioner and accused No.1, Court has to return gold ornaments to petitioner - Even though gold ornaments belong to petitioner's wife, it was petitioner who pledged the gold ornaments and therefore, it has to be..........
