Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(c), 305, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V), 3(2)(VI), Protection of Children from Sexual Offences Act, 2002, Section 5, 6, 21 -- Bail - Rape - Abetment of suicide - Petitioners being warden and principal of hostel/School have no part..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court should not convert itself to trial Court in the proceedings u/s 482 Cr.P.C., when disputed questions of facts are involved in a case as same should be decided by Court after giving due opportunity to both the parties to prove their case...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Quashing of FIR - Offence u/ss 420, 120-B IPC and Ss.13(1)(d), 13(2) of P.C.Act - Complicated questions of fact involved in the case, which are asserted by Investigating agency and denied by accused - It is not expedient in..........
Indian Penal Code, 1860, Section 304(Part I), Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 154 -- Culpable homicide - Minor variation between statement of witness in FIR and in Court statement as to how assault originated - Cannot lead to doubt entire prosecution case especially when place, date and time of occurrence and injuries in course of the..........
Criminal Procedure Code, 1973, Section 216, 217 -- Charge - Addition or alteration - With alteration or addition of charge, if any prejudice is going to be caused to the accused in his defence or the prosecutor in the conduct of the case, Court has to proceed with the trial as if it altered or added the original charge by terming the additional or alternative charge as..........
Criminal Procedure Code, 1973, Section 216, 217 -- Charge - Addition or alteration - Even if the charge may be of same species, the provision for adjourning the trial is made to give sufficient opportunity to the accused to prepare and defend himself - Court is to even allow any further witness which Court thinks to be material in regard to the altered or additional..........
Criminal Procedure Code, 1973, Section 216, 217 -- Alternative charge - Charge framed u/ss 306 and 365 read with S.34 IPC - 26 witnesses examined - Thereafter alternative charge u/ss 302 read with S.34 IPC framed - Accused convicted in respect of alternative charge - There is no cross examination of witnesses insofar as charge u/s 302 IPC is concerned - Trial stands..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegation against distinct relatives of husband of complainant - Omnibus allegations of demanding money and assault have been levelled against all persons named in complaint - No specific date and time has been given to said incident in the complaint - Only allegation..........
Indian Penal Code, 1860, Section 304(Part II), Criminal Procedure Code, 1973, Section 100 -- Offence u/s 304(Part II) IPC - Plea of self defence - Accused were the aggressors - Plea of self defence therefore not available to aggressors - Moreover, three persons were injured and one succumbed while only accused no.1 suffered minor injuries - Plea of self defence rejected -..........
Criminal Procedure Code, 1973, Section 195 -- If document was forged or fabricated before it was produced in Court, complaint by that Court is not necessary and cognizance can be taken for such offence u/s 190 Cr.P.C. - Police is empowered to undertake investigation about genuineness of such document - Therefore, Court cannot refuse to handover such document to police..........
