Topic Details Topics Headnote Judgement CODE OF CRIMINAL PROCEDURE, 1973 . PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 313 — IPC — Ss 302 & 109— Conviction under — Independent eye-witness — Not supporting the case by — DW who was not produced as a witness by the prosecution, though was stated to be present at the place of occurrence— deposed against the main accused — not assigned even the factum of presence to accused No.9 — Evidence of relative witness at variance with disinterested witnesses — not relied — improvements and embellishments in the evidence of complainant — Case against the accused not established — Clear acquittal. (Para19, 20 & 24) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 378(4) & 378(1)(b)(B) — Standards of Weights and Measures Act, 1976 — Section 39 r/w 72 — Appeal against acquittal — filed by the Public Prosecutor without authorisation— affidavit of complainant annexed with the memo of appeal — Not sufficient to hold due authorisation to the Public Prosecutor— Incompetent appeal — not maintainable — dismissed. (Para 23 & 25) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 313 — Statement under — Principle of audi alteram partem — the incriminating material is to be put to the accused — so that the accused gets a fair chance to defend himself — This is in recognition of the principles of audi alteram partem. (Para 22) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 313 — Statement under — Duty of the Court — Held, section 313 of the Code casts a duty on the Court — to put in an enquiry or trial questions to the accused for the purpose of enabling him to explain any of the circumstances appearing in the evidence against him — It follows as necessary corollary therefrom that each material circumstance appearing in the evidence against the accused is required to be put to him specifically, distinctly & separately — failure to do so amounts to a serious irregularity vitiating trial, if it is shown that the accused was prejudiced — Asraf Ali v. State of Assam — referred. (Para 22) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 313 — Object of — to establish a direct dialogue between the Court & the accused — Asraf Ali v. State of Assam — referred. (Para 22) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 313 — Statement under —Fall out of the omission to put to the accused a question on a vital circumstance appearing against him in the prosecution evidence— Ordinarily, in such a situation, such material as not put to the accused must be deliberately avoided. (Para 23) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 313 —Perfunctory examination under — the matter is capable of being remitted to the trial court, with the direction to retry from the stage at which the prosecution was closed. (Para 23) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 378(2)— Standards of Weights and Measures Act, 1976 — Section 72 — Conjoint reading — Appeal in case of acquittal passed in a case in which offence has been investigated by an agency empowered to make an investigation under any Central Act other than Cr.P.C. — Procedure for — Held, it is for the Central Government to direct the Public Prosecutor to present an appeal. (Para 22) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 378(4) & 378(1)(b)(B) — Standards of Weights and Measures Act, 1976 — Section 39 r/w 72 — Appeal against acquittal — filed by the Public Prosecutor without authorisation— affidavit of complainant annexed with the memo of appeal — Not sufficient to hold due authorisation to the Public Prosecutor— Incompetent appeal — not maintainable — dismissed. (Para 23 & 25) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 439 — Regular Bail — IPC — Ss 363, 366, 506(2) — SCST Act — Ss 14(a), 3(2)(v), 3(1)(w)(ii) — POCSO Act — S 8 — Rejection of bail application by Sessions case filed on the ground of filing of charge-sheet —Appellant in jail for more than five months — Investigation concluded & charge sheet is filed — Age of accused about 20 years — Victim & the accused known to each other — Offence u/s 376 neither alleged nor made out also confirmed by medical examination of the — from the victim it has come out that the appellant is known to her & and she had gone voluntarily — maximum sentence considered — regular bail granted. (Para 5) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 439 — Regular Bail — IPC — Ss 302 & 34 — SCST Act — Ss 14(a), 3(2)(v) — Investigation is over & chargesheet is filed — Allegation that appellant caught hold of the deceased and co-accused inflicted knife blow —FIR filed against unknown person — no names of any of the accused is disclosed —All of sudden after 15 days of the offence statement of the first informant u/s 164, CrPC recorded, he claimed to be an eye-witness to the incident and disclosed the names of the accused — Present appellant has no motive to commit any offence much less offence of murder — no criminal antecedents — Bail granted. (Para 4) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 451 — Disposal of property — Release of tractor trolly — Insistence by Courts below for furnishing bank guaranty for release— Tractor was not insured — Held, keeping the said vehicle idle for considerable period is of no use— Petitioner is ready to furnish personal bond instead of bank guaranty— Held, on accepting the Suprutnama/Personal bond vehicle was ordered to be release. (Para 8) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 451 — Disposal of property — Held, the bank guaranty for alleged loss need not be insisted for releasing vehicle involved in the process. (Para 7) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 482 — Inherent powers of the Court — Held, Sec.482 is an overriding section which saves the inherent powers of the court to advance the cause of justice— Exercising inherent jurisdiction — (i) to give effect to an order under the CrPC; — (ii) to prevent the abuse of the process of the court; and — (iii) to otherwise secure the ends of justice. (Para 7) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 482 — Inherent powers of the Court — Scope — The powers of the court under Section 482 are wide — the court is vested with a significant amount of discretion to decide whether or not to exercise them. (Para 7) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 482 — Inherent powers of the Court — Exercising in quashing — Duty of the Court — The court should be guarded in the use of its extraordinary jurisdiction to quash an FIR or criminal proceeding — as it denies the prosecution the opportunity to establish its case through investigation and evidence. (Para 7) PDF CODE OF CRIMINAL PROCEDURE, 1973 CrPC — S 482 — IPC — Ss 406, 506(ii) & 498-A — Dowry Prohibition Act, 1961 — Section 4 & 6(b) — Quashing of proceedings — FIR against distant relatives — residing at a different address during the time alleged demand was made — Specific allegations are only against the husband & immediate family members — bald allegation — in the absence of specific allegations & overt acts —the proceedings quashed. (Para 7) PDF