Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. as dying declaration - In a statement u/s 161 Cr.P.C. signature of witness are not to be affixed as it will make such a statement inadmissible u/s 161 Cr.P.C. - In the instant case condition of injured was serious and his blood pressure was not recordable - Without..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 154 -- FIR as dying declaration - Scribe denied the question put in cross examination that signatures are not of the deceased - Deceased was a Govt. employee and his signatures would have been available in Government records - No effort made by prosecution to compare the signatures on FIR with the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29, 27(B)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of tablets, capsules and cough syrups containing narcotic substance - Recovery effected from possession of co-accused - Police during investigation recovered two slips/receipts one of them was written by..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, Court has to consider prima facie evidence available on record about commission of offence for which accused is to be charged and not to evaluate merits of evidence with regard to it sufficiency to convict accused - Appreciation of evidence on merit is to be done by Court on..........
Criminal Procedure Code, 1973, Section 216, 217, Protection of Children from Sexual Offences Act, 2012, Section 8, 11 -- Alteration/amendment of charge from S.11 to S.8 of POCSO Act - Specific allegations against accused on record that he had tried to remove prosecutrix from out of lawful custody and took her about 400 meters away from her house towards railway station -..........
Criminal Procedure Code, 1973, Section 438, 154, Indian Penal Code, 1860, Section 120B, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4, Constitution of India, 1950, Article 20(1) -- Anticipatory bail - Occurrence was of year 2007-2008 and FIR registered in year 2017 - Ss.120B, 420 IPC were include..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Case Dairy - Neither accused nor his agents shall be entitled to call for case diary nor shall he or they be entitled to see them merely because they are referred to by court - But if they are used by police officer who made them to refresh his memory or if court uses them for purpose of..........
Criminal Procedure Code, 1973, Section 172(3), Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Case Dairy - Court can peruse case diary/materials collected during investigation by prosecution even before commencement of trial inter-alia in circumstances..........
Criminal Procedure Code, 1973, Section 172(3), 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Material Collected during Investigation - Court can receive materials/documents collected during investigation and peruse same to satisfy its..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Sealed cover was received by Court - Court consciously refrained from opening sealed cover and perusing documents - Case is only at stage of considering..........
