Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Can be used by Court in so far as it corroborates the case of the prosecution - However, conviction per se cannot be based upon the statement u/s 313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202(2) -- Complainant is not bound to examine all the witnesses named in the complaint or whose names are disclosed in response to the order passed by the Magistrate - Only those witnesses are required to be examined whom the complainant considers material to make out a prima facie case for issue of process - Consequence of such non..........
Criminal Procedure Code, 1973, Section 202(2) -- Complaint - Offence triable exclusively by a Court of Sessions - Examination of all witnesses cited in the compliant is not a must - Only those witnesses are required to be examined whom the complainant considers material to make out a prima facie case for issue of process...........
Criminal Procedure Code, 1973, Section 203, 204, 209 -- `Sufficient ground' - Expression used in the said provisions means the satisfaction that a prima facie case is made out against the person accused of committing an offence and not sufficient ground for the purpose of conviction...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR and delay in starting investigation - Occurrence took place on 07.05.2008 at 8.00 p.m. but FIR lodged on next day at 6.30 a.m. - Police station at a distance of eight kilometers - Entire area dacoit infested - Delay in started investigation explained - Not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Scope and ambit - Inherent jurisdiction can be exercised in three circumstances viz. (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; and (iii) to otherwise secure the ends of justice - Power possessed by High Court is very wide but the same has to be exercised..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Scope and ambit - Inherent jurisdiction can be exercised in three circumstances viz. (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; and (iii) to otherwise secure the ends of justice - Power possessed by High Court is very wide but the same has to be exercised..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Murder case - First report recorded at about 1 pm - It was suppressed by the prosecution as name of the assailants were not known - Second report recorded at about 4.45 pm - No evidence to confirm the time of recording the FIR shortly after 4.45 pm as there was no evidence of dispatch or delivery of special report - Held,..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - If trial court's judgment is well based on the evidence and the conclusion drawn in favour of the accused was possible thereof, High Court would not be justified in interfering on the premise that a different view could also be taken and though the High Court was entitled to reappraise the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction and sentence - Compensation - Default sentence in case of failure to pay compensation amount - Held, a sentence of imprisonment can be granted for default in payment of compensation awarded under S.357(3) Cr.P.C...........
