Criminal Procedure Code, 1973, Section 174, Indian Penal Code, 1860, Section 302, 149 -- Inquest report - Murder - Non-recording of certain relevant entries in inquest report do not constitute material defect so grave to throw out prosecution story and otherwise reliable testimonies of PWs that have mostly remained uncontroverted...........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording statement of witnesses - Delay in recording statement of witnesses does not necessarily discredit their testimony - Court may rely on such testimony if they are cogent and credible and delay is explained to the satisfaction of the Court...........
Criminal Procedure Code, 1973, Section 161 -- Delay in recording of statement of witnesses - Does not necessarily discredit their testimony, if they are cogent and credible and delay is explained to the satisfaction of Court - In the instant case, there was a delay of 15-16 days from the date of incident in recording the statements of PW3 and PW9 - Same was sought to be..........
Criminal Procedure Code, 1973, Section 125, 195, 340, Indian Penal Code, 1860, Section 191, 192, 193 -- Maintenance - False evidence by wife as to income - Direction to take action for offence u/ss 191, 192 & 193 IPC - Laws in favour of distressed wife when misused by declaring completely incorrect facts and also by suppressing the material aspect, the trial Court at the..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 364, 377, 302, 201, 34 -- Delayed FIR - Delay of 36 hours in lodging FIR - Offence u/ss 364, 377, 302, 201, 34 IPC - Complainant is an illiterate person of rural background - Marriage of two elder sons was fixed on next day of incident - Moreover, village of complainant is 15 kilometers away from..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - In case a decree for damages is passed in civil suit then it does not stand in the way for pursing criminal proceedings for defamation...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - Both the cases are different in nature - Pendency of both the cases does not amount to double jeopardy...........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 18, Rule 4 -- Recording of evidence by video/audio/teleconferencing or internet conferencing - It is legally permissible both in civil, criminal and matrimonial matters, where attendance of witness cannot be ensured without delay, expenses and inconvenience...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Forgery in FIR and alteration in Tehrir - Taking cognizance on the complaint will lead to multiplicity of proceedings when competent Courts are already dealing with the matter - Parties may file appropriate applications before said Courts only and Court may take appropriate action in the..........
