Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 156 -- Rape - Defective investigation - Age of prosecutrix - No document collected to establish prosecutrix's age on the day of incident - Prosecution failed to examine any witness to prove if prosecutrix was below 16 years of age - Exact age of prosecutrix not surfaced on record, as prosecutrix..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for proper investigation - Includes registration of FIR - Even where a Magistrate does not do so in explicit words but directs for investigation u/s 156(3) of the Code, police should register an FIR...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand alleged to be made for deciding inquiry favourably - Accused, a Head Constable not concerned in any manner and could not influence the inquiry being conducted by ACP Vigilance - No explanation for non examination of ACP who played the key role and against whom complainant and..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Police Officer u/s 173(8) Cr.P.C. is unrestricted - Magistrate has no power to interfere but it would be appropriate on the part of I.O to inform the Court...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Transfer of investigation to CBI - Offence u/ss 363, 365, 376(2)G, 506, 201, 120-B IPC - Defective investigation conducted by ASI of Police - Concerned ASI reverted to the post of Head Constable - Certain witnesses have not been examined by investigating agency without any reason - Reasoning of High..........
Evidence Act, 1872, Section 25 -- Anything said by accused during investigation - Inadmissible in evidence and is hit by S.25 of the Act...........
Criminal Procedure Code, 1973, Section 102 -- Seizure of equipments of third party, who is unconnected with offence - Property of a total stranger cannot be taken away by Police without paying reasonable compensation on the premise that they need it for investigation purposes...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Leading to discovery of fact in one case is relevant u/s 27 of Act, and admissible, even though it has been made during the investigation in another case...........
Criminal Procedure Code, 1973, Section 156 -- Investigation - Electronic record - Police can requisition the services of Computer Experts and Experts from Forensic Science Department to retrieve data from a huge server through USB drive or CD drive or any other gadget for the purpose of investigation and production of the same before Court without disturbing the integrity..........
Criminal Procedure Code, 1973, Section 428 -- Set off - Benefit may or may not be given in the judgment but accused is entitled to set off the period undergone in detention in connection with investigation, inquiry and trial of that particular case...........
