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Headnote |
Judgement |
| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 439 — Regular Bail — IPC — Ss 376 — Bail in the offence of rape —When a boy and a minor girl are in love with each other and chose to live together without consent of their parents — Factors to be considered — (i) What is the age of the prosecutrix, who is minor — (ii) Whether the act is violent or not — (iii) Whether there are antecedents or not — (iv) Whether the offender is capable of repeating the Act or not — (v) Whether there is likelihood of threats or intimidation, if at all the boy is released — (vi) Whether any chance of tampering with the material witnesses when their statements are recorded — (vii) It is also to be taken into account in such cases that a boy in his early 20's deserves to get employment and to plan, stabilize and secure his future. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 439 — Regular Bail — Point of consideration — Duty of the Court — Held, at the stage of bail, the Court has to consider prima facie under what circumstances the offence is committed by the accused — In the Criminal law, the Court cannot ignore the intention or motive behind the act and that is an important factor in the commission of offence — so also to decide the quantum of sentence at the end of trial — so in the case of bail. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 389 — Suspension of sentence pending appeal & Bail — IPC — Ss 302 & 365 r/w 34 — Life conviction under — Considering — Nature of conclusion drawn by the trial Court — Case based on circumstantial evidence — Nature of injuries — Electronic evidence emerging on record u/s 65-B of Information Evidence Act — ground of parity — Held, the version of the complainant in complaint for which corroboration etc. based on other circumstantial evidence at the stage of final hearing of appeal, it can be considered — Sentence suspended & Bail granted. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 294(1) — Scope — It is not necessary for the court to obtain admission or denial on a document under sub-section (1) to Section 294 CrPC — personally from the accused or complainant or the witness. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 294 — Object of — is to accelerate pace of trial — by avoiding the time being wasted by the parties in recording the unnecessary evidence — Where genuineness of any document is admitted, or its formal proof is dispensed with, the same may be read in evidence. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 294 — No formal proof of certain documents — (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document —(2) The list of documents shall be in such form as may be prescribed by the State Government —(3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed: —Provided that the Court may, in its discretion, require such signature to be proved. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — Ss 227 & 482 — Inherent powers of the High Court — invoking of — IPC — S 304 & alternatively 304-A — Death of school going child travelling in school bus — Principal/Chief Administrator of the School — charges against — application for discharge — Only material against appellant — the issue as regards the poor condition of the buses being plied to pick up and drop the students was discussed, but the same was not paid heed to. — Held, the alleged act cannot be said to be the causa causans (the immediate cause)— but there was a cause interveniens, which broke the chain of causation so as to make the act of the applicant though a negligent one, not the immediate cause —Appellant discharged. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 197 — Previous sanction — Obtaining of — requirement under — it is imperative that the alleged offence is committed in discharge of official duty by the accused. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 200 & 202 — Examination of complainant & Postponement of issue of process — before taking cognizance of any offence, a Magistrate must not only be said to have applied his mind to the contents of the petition — but he must have done so for the purpose of proceeding in a particular way as indicated in — proceeding u/s 200, and thereafter sending it for enquiry and report u/s 202—Superintendent and Remembrance of Legal Affairs, West Bengal v. Abhani Kumar Bannerjee—Relied. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 197 — Attraction of — Held, it is the quality of the act that is important — and if it falls within the scope and range of his official duty the protection contemplated by Section 197 of the Code of Criminal Procedure will be attracted — Baijnath v. State of M.P. —relied. (Para 24) |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 197 — Sanction under — Appropriate authorities — Duty of — Held, the appropriate authorities must be satisfied that there is a prima facie case for starting the prosecution and this prima facie satisfaction has been interposed as a safeguard before the actual prosecution commences — The object of Section 197(1) clearly is to save public servants form frivolous prosecution—R.R. Chari v. State of Uttar Pradesh—relied. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 197 — Sanction under — Scope of —Held, some offences cannot by their very nature be regarded as having been committed by public servants while acting or purporting to act in the discharge of their official duty — Satwant Singh v. State of Punjab — relied upon. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 197 — Sanction under — according of — Held, whether sanction is to be accorded or not, is a matter for the Government to consider — The absolute power to accord or withhold sanction on the Government is irrelevant and foreign to the duty cast on that Court which is the ascertainment of the true nature of the act—Matajog Dobey v. H.C. Bhari—relied. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 190 — Cognizance of offence by Magistrate — while ordering investigation u/s 156(3) — or issuing a search warrant for the purpose of the investigation— a Magistrate cannot be said to have taken cognizance of the offence—Superintendent and Remembrance of Legal Affairs, West Bengal v. Abhani Kumar Bannerjee—Relied. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
Interpretation of Statute — CrPC — S 197 — Construction of — Held, if Section 197 is construed too narrowly it can never be applied — it is no part of an official’s duty to commit an offence and never can be — But it is not the duty we have to examine so much as the act, because an official act can be performed in the discharge of official duty as well as in dereliction of it —Shreekantiah Ramayya Munipalli v. State of Bombay — relied. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 161 — Material witness — Statement of — non recording — Obscene photographs of PW with a girl — allegation of — statement of the girl was not recorded during investigation neither examined in Court —fatal to prosecution. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 154 — Confessional FIR— by accused — Defence of — he was forced to scribe it at the dictation of the IO — after being assaulted at the police station and it was registered ante-timed— Held, series of events cast doubts on the time of the FIR. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 154 — Confessional FIR— Delay—Not only the lodging of the FIR was delayed but it was suspected to be ante-timed — Held, the facts of the FIR remained disproved and hence not reliable. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 154 — FIR — Delay— not lodging at the nearest police station — even after crossing by it — & lodged at a police station which did not even have the jurisdiction — jurisdictional flaw came to the knowledge of first informant after 3-4 days, yet he preferred not to go or pursue his case at the proper police station —Failure to mention material facts in FIR — motive was not mentioned in the FIR — makes conduct of first informant suspicious — Held, FIR is an outcome of manipulation, deliberation, concoction and is a sham ante-timed document. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 293 — Reports of Govt. scientific officers — Infirmity in — DNA test — the samples were not analyzed at the laboratory of FSL but at a private laboratory — Held, in case facilities for such analysis are not available with the FSL — the same should be get tested in another government laboratory. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 294 — Compliance of — The endorsement of admission or denial made by the counsel for defence, on the document filed by the prosecution or on the application/report with which same is filed, is sufficient compliance of Section 294 CrPC — Similarly on a document filed by the defence, endorsement of admission or denial by the public prosecutor is sufficient. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — Ss 227 and 228 — Discharge of Accused & Framing of charge — Stage of — Power of the Court — Held, it is permissible for the Court to evaluate the materials and documents on record with a view to finding out if the facts emerging therefrom taken at their face value — discloses existence of all the ingredients constituting the alleged offence— It is permissible for the Court for this limited purpose to sift the evidence— as it cannot be expected even at that initial stage to accept all that the prosecution states as a gospel truth— even if it is opposed to the common sense or the broad probabilities of the case. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 197 — Sanction under — Attraction of — There must be a reasonable connection between the act and the discharge of official duty; — the act must bear such relation to the duty that the accused could lay a reasonable, but not a pretended or fanciful claim, that he did it in the course of the performance of his duty —Matajog Dobey v. H.C. Bhari—relied. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 161(3) —Investigating officer — Duty of — A Police Officer, whenever, he chooses to reduce any statement made to him in the course of examination of persons, as contemplated under Section 161 of the Code, is bound to make a true record of the statement. |
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| CODE OF CRIMINAL PROCEDURE CODE, 1973 |
CrPC — S 154 — FIR — Delay in — Held, abnormal delay in lodging the FIR is indeed a quite serious weakness in the prosecution case— but given the peculiar facts and circumstances of the case— that, by itself, would not be fatal— and the matter needs to be examined further. |
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