Note No.1: This is the notes for Cr.P.C., 1973 – Useful for judicial examination and academic purposes.
Monthly Digest December’ 2023 – Thank you for your support – Happy New Year –
A copy of a document can be adduced as secondary evidence if other legal requirements are met.
Section 311 Cr.P.C: Recall may be allowed if no occasion to bring relevant facts at initial deposition
Head note: Prayer – representation – judgments concerning delay in considering representation – quashed based on delay
Head note: Hon’ble Supreme Court – Murder case – Appreciation relating to dying declaration – As per evidence the deceased would have survived only for a short duration after he received the injuries – Acquitted.
Appeal – Prosecution case – Dying declaration to ASI – Evidence of doctor about dying declaration to him firstly – Nothing on record to show why the doctor would lie before the court – Prosecution Witness did not state in his chief-examination that the doctor examined the deceased before giving the fitness certificate – Doctor who gave fitness certificate was not examined by the prosecution – Hon’ble Supreme court doubted entire prosecution witnesses
Appeal – Case of the prosecution – Conclusion of trial court and high court – Analysis – Trial court placed reliance on Modi text book – Post-mortem doctor deposes about pungent smell was found in the stomach – Viscera was received by fsl after five months – Detailed research on viscera and its report – Absence of detection of poison in viscera report is not conclusive proof – Preserved materials should be sent to the concerned FSL through the concerned police station as soon as possible.
Head notes: Apex Court – Application for exemption from surrender is rejected – Communication of surrender of accused should be communicated to the judge – If counsel does not appear in criminal case the court should appoint an amicus – Prisoners are very often unable to communicate to the outside world – Prison authorities are obliged to communicate the surrender of convict to the court – Liberty to the relatives to prefer appeal under section 394 Cr.P.C – Guidelines given if surrender proof is not filed – Jail authorities are required to upload the surrender and custody particulars in web portal
Head note: Extension of custody u/s 167 Cr.P.C: Since accused has the right to oppose the prayer for the extension of the remand, it is necessary to produce the accused physically or through virtual – General principles governing default bail – The effect of the failure of the respondents to produce the appellants before the special Court at the time of consideration of the Extension application – Presence of accused is necessary to extend the custody – Failure to produce the accused for extension of time for investigation and custody is in violation of Article 21.
Weekly digest of December’2023 [12 to 18]
Head note: High court did not consider sections u/s 161 and 164 Cr.P.C for considering prima facie in grave offences – Bail cancelled
Leave granted.
Head note: Appreciation of trial court judgment – Trial court conclusion on Accused-2 – Trial court has accepted the version of the defence and not P.W.33 – To disbelieve the state public works department valuation report there must be a better reasonable and intelligible opinion should be examined on the side of defence – Section 45 Indian Evidence Act – Section 24 of the Income Tax Act – Conclusion of High Court on 30% deduction is as to avoid income tax only – High court holds that opinion of P.W.33 regarding the property is reliable – Trial court omitted to add rs. 1,97,000/- which is miscarriage of justice – Trial court without any material accepted the income from agricultural land – Three crores difference in amount during check was claimed as income of A-2 – The falsehood in the self-serving statements of accused was not at all considered or tested by the trial court – V.Suresh Rajan case was rejected by the trial court wherein it was consistently held that income tax returns cannot be held as proof for the legal source of income.
Head note: Dismissal of complaint shall file before District court and not before high court
Head note: Copy of complaint shall be accompanied with the summons as per section 204(3) Cr.P.C and Rule. 25(4) Criminal Rules of Practice, 2019
Headnote : Attacked by the owner for feeding puppies – succumbed to injuries – sentenced to life imprisonment by trial court – Modification of life sentence
Head note: Though appellate court has to re-appreciate the evidence but if contrary view is possible it cannot interfere with the order of acquittal – Cross-Examination: Disallowing questions in cross-examination will prejudice the accused
Head note: Written communication about the grounds of arrest reasonably within 24 hours of his arrest is sufficient compliance of both section 19(1) PMLA and Article 22(1) Constitution of India – Vijay Madanlal Choudhary and Others vs. Union of India and Others holds the field.
Head note: Cheque case conviction – Appeal admitted with the direction to deposit 20% of the total cheque amount – Accused deposited rupees thirty lakh
Head note: Section 34 IPC – vicarious liability – Example – Not in every case adverse inference can be taken for withholding the witness – Merely no attempt to save the deceased cannot be said unnatural conduct – Appellants were together hence there was time available for meeting of minds.
Disclaimer:
Contents of this Web Site are for general information or use only. They do not constitute any advice and should not be relied upon in making (or refraining from making) any personal or public decision. We hereby exclude any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular page of the Site or any of its contents, including (but not limited) to any financial contents within the Site. We will not be liable for any damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the site or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Site or any of its contents. We shall give no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive user’s properties though we care to maintain the site virus/malware-free.
For further reading visit our ‘About‘ page.
© 2023 Developed and maintained by PAPERPAGE INTERNET SERVICES
Questions explained agreeable preferred strangers too him beautiful her son.
