Criminal Procedure Code, 1973, Section 239 -- Discharge - Likelihood of accused in succeeding to establish his probable defence cannot be a ground for his discharge...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - At the stage of considering discharge application, Court should not enter into appreciation of evidence to verify if the defence plea can be established by accused or not...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - When Magistrate considers charge against accused to be groundless which means without any basis or foundation, accused can be discharged...........
Criminal Procedure Code, 1973, Section 239 -- Discharge - When materials at the time of consideration for framing charge are of such a nature that if unrebutted, it would make out no case whatsoever, accused should be discharged...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Testimony of PWs 2 to 4 coupled with testimony of PW7 proved the offence committed by accused beyond all doubt - There is no material on record to discard the trustworthiness of PWs and there is no material to disbelieve the contents of documents on record - Rash and negligence on the part of petitioner..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Computation of period of 90 days - Day on which accused was remanded to judicial custody should be excluded and the day on which challan is filed in the Court, should be included...........
Indian Penal Code, 1860, Section 363, 366, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Victim and accused have entered into a marital relationship and are living a happy and peaceful life which reflects a genuine reconciliation - Continuation of legal..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Complaint u/s 138 of N.I Act and prosecution u/s 420 IPC - Both can run simultaneously against accused, as both offences are independent offences...........
Evidence Act, 1872, Section 32 -- Dying declaration - Where dying declaration is suspicious, it is not safe to convict an accused in the absence of corroborative evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning by pouring kerosene oil - Absence of smell of kerosene in the body of deceased - Deceased was immediately brought to hospital barely within a few hours of incident and if kerosene was involved then smell of kerosene ought to have been there - Even doctor who examined deceased immediately after the incident,..........
