Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Anticipatory bail - Sexual assault - Accused is maternal uncle of victim - No criminal antecedents against accused - Victim stated that there were others in the house on the date of incident and victim and complainant continued to stay in the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Peremptory direction against third party which goes to his very livelihood and that too, without even issuing any notice to the appellant is clearly unjustified - Such direction vacated...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No condition imposed while allowing anticipatory bail to accused that in future accused will not involve in any other criminal case - Therefore, it cannot be said that accused has violated any condition imposed by Court - Application u/s 439(2) Cr.P.C for cancellation of bail rejected...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15C, 29 -- Bail - Recovery of 125 kg poppy husk - Accused is in custody for last 9 months and 19 days and he is not involved in any other case - Custodial interrogation of accused is not required and conclusion of trial will take some time - Accused thus, directed..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 80 -- Statement u/s 164 Cr.P.C. - Presumption u/s 80 Evidence Act cannot be drawn to rely upon statements of witnesses recorded u/s 164 Cr.P.C during investigation to render a conviction...........
Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C - Not a substantive evidence - It can be used to corroborate statement of a witness and to contradict a witness...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Kidnapping and rape - Prosecutrix was aged only about 14 years and 6 months at the time of incident - Contention that age of prosecutrix has not been correctly assessed by investigating agency can be duly..........
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..........
Criminal Procedure Code, 1973, Section 372 -- (Prior to amendment) - Appeal by victim against acquittal filed in the year 2004 - Proviso to S.372 Cr.P.C. added in the year 2009 which is not retrospective in nature - Victim had no right to challenge the order of acquittal passed in 2004 by way of filing of appeal - Appeal not maintainable...........
Criminal Procedure Code, 1973, Section 91 -- Summoning of call details and call locations of two constables - Provision of S.91 Cr.P.C is not confined to investigation and it also applies during trial - Hence, whether for cause of prosecution or for defence, if a document is to be summoned then stage becomes irrelevant - If call details and call locations are not summoned..........
