Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Additional evidence - Determination of age of victim - Offence u/s 6 of the Act - Action of Court in receiving additional evidence by examining CW.1 and questioning PW13 in exercise of power u/s 165 of Evidence Act and receiving some documents regarding age of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 100 gms intoxicant powder - Police official who conducted search and seizure was not holding the rank of ASI and he was only granted ad hoc promotion/rank of ASI and drawing salary for the post of head constable - He was thus, not competent to..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of Ahlmad of Court along with record of criminal case wherein original Will and sale deed are stated to be attached - Production of said additional evidence would certainly not cause any prejudice to defendants - Moreover, defendants would also have an opportunity to lead evidence in rebuttal to..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity and competency of sanctioning authority - Can be determined only during course of trial by way of examining/cross-examining of witnesses and by exhibiting of relevant documents - Before conducting trial, adjudication of same found to be premature - No interference warranted in order granting..........
Criminal Procedure Code, 1973, Section 173(8) -- Reinvestigation - Communal violence - 827 cases of communal violence registered - Final form submitted in all 827 cases - In 315 cases either no offence was found to have been made out or offenders could not be detected - State could do well in looking into all these 315 cases - At this length of time, when final form has..........
Criminal Procedure Code, 1973, Section 227 -- Charge - Examination of witnesses framing charge, to satisfy as to whether sufficient grounds are there or not for putting the accused on trial - Such procedure has no sanction of law...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 376(C), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, 10 -- Discharge - Rape - Special Judge after taking cognizance of offence, proceeded for examining I.O and two medical witnesses before framing charge to satisfy himself as to whether sufficient grounds are..........
Criminal Procedure Code, 1973, Section 227, 209 -- Expression `record of case' and documents submitted therein as postulated in S.227 Cr.P.C. relate to case and document referred in S.209 Cr.P.C...........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Release of seized vehicle - Cheating - Petitioner actual owner of vehicle - Vehicle was seized from possession of petitioner and he never sold the vehicle to respondent no.2 - FIR levelling accusation of cheating does also have an assertion to that effect that said vehicle..........
Criminal Procedure Code, 1973, Section 125(d) -- Maintenance to father - Father aged 75 years has no sufficient means to maintain himself - Son on the other hand is a popular person in locality and contested Assembly Election - Father also suffering some ailments - It is duty of son to look after his old age father at this stage - Admittedly, relationship between father..........
