General

The facts of the present case can be brought under exception I of Section 300 of IPC and thus is punishable u/s. 304(I) of IPC and not u/s. 302 of IPC

MURUGESH VS STATE REP BY INSPECTOR OF POLICE

nbw
General

Recall: 70(2) CrPC: Only Revision lies against order issuing against NBW and not Crl.O.P jurisdiction [Editor’s note inside]

Latest

POCSO: Victim’s testimony before the Court is clear and cogent and almost the same as per the statement recorded u/s. 164 Cr.P.C and there has been no exaggeration or any inconsistency

demand
Acquittal

Discrepancy in the use of the complainant’s fingers (two or five) to pick up the demanded money from his pocket has some bearing while considering the entire evidence

156
BNSS

Rejecting the petition filed under section 156(3) CrPC does not prevent the police to register FIR inasmuch the poser of registering FIR flows from section 154 CrPC

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confession fir
Acquittal

A confessional FIR given by one accused cannot be used against the other accused including the maker further contents of such FIR cannot be read in evidence

investigation
Acquittal

Guidelines to the Courts to take control over investigation including sanctioning order

section 195A IPC
Cr.P.C

The offence under Section 195A IPC is a cognizable offence so the power of the police to take action in relation thereto under Sections 154 CrPC and 156 CrPC cannot be doubted

video conferencing
Acquittal

How to examine the witness through video conferencing is explained in this judgment but in a different way

dacoity
Acquittal

To prove dacoity the offence of robbery must first be established in the case on hand settlement between the parties dilutes the allegation of ‘dishonest intention’ leading to dacoity hence matter quashed

mini trial
BNS

High Courts shall not conduct ‘Mini Trial’ by embarking upon an enquiry about the credibility of the allegations in the complaint and the FIR

coaccused confession
Acquittal

Co-accused confession to the police may have relevance only on the recovery made in furtherance of the said disclosure

pocso quash
Acquittal

POCSO is an individual crime further related parties were married and having a child together hence the case is quashed

appeal against acquittal
3 judge bench

Who can prefer the appeal against acquittal in the case initially registered by state police later transferred to CBI investigation is left open to decide in a suitable case

156
Acquittal

Even on a (private) complaint the Magistrate before taking cognizance is empowered to forward the complaint for investigation under section 156(3) Cr.P.C

section 149 IPC
BNS

Section 149 IPC: It is not necessary that each member of an unlawful assembly to commit overt act but once participation and sharing of a common object is proved every member is liable for the offence

Informer
Acquittal

Informer (unidentified informant) not examined before the court nor his statement was reduced hence accused aquitted

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