Criminal Procedure Code, 1973, Section 161, 162 -- Signing of statement u/s 161 Cr.P.C is prohibited u/s 162 Cr.P.C - Signing of statement u/s 161 Cr.P.C is prohibited u/s 162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 161 -- Non-recording - of statement of victim u/s 161 Cr.P.C during investigation by I.O by itself cannot be ground to set aside proceedings, particularly when it is not case of accused that he is falsely implicated in the case...........
Criminal Procedure Code, 1973, Section 482, 161 -- Quashing of proceedings - Non-recording of statement of victim u/s 161 Cr.P.C - No objection raised by accused while framing charge against him u/s 325 IPC regarding non-recording of statement of victim u/s 161 Cr.P.C - Therefore, at the distant point of time, said ground cannot be raised in proceedings u/s 482 Cr.P.C,..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - No requirement of application to be supported by an affidavit when case is ordered to be registered as complaint case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Kidnapping and rape - All important PWs including prosecutrix and her parents turned hostile and not supported prosecution case - It is thus, just and proper to grant bail to accused - Bail application..........
Criminal Procedure Code, 1973, Section 202 -- Summoning of an accused is a serious matter and Court at the stage of summoning are expected to analyze evidence produced with due application of mind...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 202 -- Medical negligence - Death of newly born child - Summoning of doctor - Child not born hale and hearty and suffering from diseases - Evidence on record shows that child was shifted to another hospital very next date of birth - No evidence that doctor was negligent - Order refusing to summon..........
Criminal Procedure Code, 1973, Section 173 -- Negative final report - No notice issued by Magistrate to complainant before accepting negative final report - Complainant was thus, not afforded any opportunity to file protest petition against negative final report - Order of Magistrate accepting negative final report is bad in law and thus, set aside - Matter remitted...........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence suo moto - Such power should be exercised sparingly and in exceptional circumstances and this power should not be exercised without issuing notice to accused - Notice not to be an illusory notice...........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - Notice to accused - Notice given to accused during course of hearing - However, it is not clear whether such a notice was an oral notice or a notice in writing - Such a notice would not satisfy legal requirements - Any notice for enhancement must indicate why Court..........
