Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - Bar u/s 33(5) POCSO Act - Victim has not been repeatedly called for cross-examination - Bar u/s 33(5) POCSO Act is not attracted - Application for recall of victim..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Indian Penal Code, 1860, Section 341, 323, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 323, 34 IPC - Quashing of FIR - Acts alleged against accused are not trivial in nature - Nature of injuries and harm caused to complainant and his wife can only be ascertained after conclusion of trial and after appreciating evidence to be led by prosecution - At..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - By mere statement that Directors were not involved in transaction cannot at this juncture be accepted, when they are being put to trial and the contention being tested on the basis of examination or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Summoning of witnesses - Accused can rebut the evidence of complainant by cross-examination, by examining his side witnesses and produce materials and documents to rebut the evidence of complainant to disprove the case of complainant...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 326 -- Bail - Offence u/s 326 IPC - Challan presented - It is a case of version and cross-version - It is yet to be ascertained as to which party was aggressor - Co-accused granted ad-interim bail - Accused has been in custody since 25.6.21 - PWs are yet to be examined - Trial of case would take..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Further investigation - Rape case - Detailed analysis of facts as done by I.O by drafting opinion to give discharge to accused, without allowing prosecutrix/prosecution to examine or cross-examine would in fact lead to presumption in such type of cases of certain incidents..........
