Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 123, 124 -- Production of documents - Evidence as to affairs of State - Documents in question were submitted by CBI to Ministry of Home Affairs in the form of seven proposals for obtaining permission for interception of certain telephone calls of accused persons - Said documents are very much in the..........
Criminal Procedure Code, 1973, Section 154 -- FIR - No delay in lodging FIR - Question of its manipulation does not arise...........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay in sending special report to Magistrate - Officer in charge of police station not asked any question about delay in sending special report to Magistrate - No adverse inference can be drawn against prosecution...........
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 378 -- Appeal against acquittal - Double presumption in favour of accused in case of acquittal: (i) presumption of innocence; (ii) accused having secured an acquittal. Court would not interfere until it is shown conclusively that inference of guilt is irresistible...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Previous sanction is required for prosecuting only such public servant, who can be removed by sanction of Government - Sanction u/s 197 Cr.P.C. is required to the offences committed in course of discharge of official duty...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - When a public servant has allegedly committed offence of cheating, criminal breach of trust, misappropriation/embezzlement, such offences cannot be said to be committed by public servant while acting or purported to act in discharge of official duty, therefore, for such offences,..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 167 -- Sanction for prosecution - Offence u/s 167 IPC - False inquiry report knowingly prepared by public servants - Respondents are government servant, who conducted inquiry into allegations made by petitioner - Offence u/ss 166 & 167 IPC has a direct nexus with commission of criminal misconduct..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Recovery of 25 kgs of poppy husk - Accused convicted and sentenced for R.I. of 10 years - Accused is in custody for 2 years - Sentence suspended...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Mistake of party - If there is some inadvertent mistake on the part of either of party and the same is necessary to be rectified for proper adjudication and just decision of case and to part justice to the parties, then additional evidence can be permitted to be led...........
