Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conditions to reverse the finding of acquittal are : (i) the presumption of innocence of the accused should be kept in mind; (ii) if two views of the matter are possible view favourable to the accused should be taken; (iii) the appellate court should take into account the fact that the trial judge had..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. is not substantive evidence and can be utilized only to corroborate or contradict the witness vis-a-vis statement made in Court - It can be only utilized as a previous statement and nothing more...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Law as to - Reiterated...........
Criminal Procedure Code, 1973, Section 2(n), 3(38) -- Offence - Meaning - Offence means `an act or instance of offending', `commit an illegal act' and illegal means, `contrary to or forbidden by law'- 'Offence' has to be read and understood in the context as it has been prescribed under the provisions of Sections 40, 41 and 42 IPC which cover the offences punishable under..........
Criminal Procedure Code, 1973, Section 161 -- Witnesses not examined immediately at the time of inquest or thereafter - The mere fact that they were not examined during the inquest is of no consequence - It is nobody's case that they were present at the time of inquest and yet their statement was not recorded by the IO...........
Criminal Procedure Code, 1973, Section 161 -- Delay in sending statements recorded u/s 161 Cr.P.C. to the Court - Explanation of I.O. available on record - Reasons beyond control of I.O. - Nobody's case that such statements were not recorded by I.O. at all - Not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Telephonic message - A cryptic telephonic message of a cognizable offence cannot be treated as a Fist Information Report - Information given by any individual on telephone to the police is not for the purpose of lodging a First Information Report, but rather to request the police to reach the place of occurrence...........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies to accused when proceedings are instituted on a police report free of cost viz. (i) The police report; (ii) The first information report recorded u/s 154 Cr.P.C. (iii) Statement recorded u/s 161(3) Cr.P.C.; (iv) The confessions and statements, if any, recorded under section 164; (v) Any other document or..........
Criminal Procedure Code, 1973, Section 208 -- Supply of copies of document to accused when a case is triable by Court of Sessions instituted otherwise than on a police report - Copy of following documents be supplied free of cost to accused : (i) The statements recorded under section 200 or section 202, or all persons examined by the Magistrate; (ii) The statements and..........
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311 -- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
