Code of Criminal Procedure 1973 - Section 389 -The initial presumption of innocence available to an accused ceases to exist, once the Trial Court upon conclusion of trial returns a finding of guilt qua that accused. This is because the accusations levelled by the prosecution against the accused stand affirmed

Code of Criminal Procedure 1973 – Section 482 [Section 528 BNSS] - While allowing appeal and quashing criminal proceedings, SC observed:The second complaint was filed without disclosing the factum of the filing and withdrawal of the first complaint concerning the same dispute Even in the chargesheet filed in pursuance of

Code of Criminal Procedure 1973 - Section 482 - SC upheld HC order quashing criminal proceedings by observing thus: There is nothing to connect A4 to the crime, but for a casual allegation raised on a call having been received by the complainant without any indication even of the time

Code of Criminal Procedure 1973 - Section 482 - SC restored criminal proceedings that were quashed by HC and observed: As to whether the offences will be made out at the trial will depend on the evidence adduced. At this stage, it cannot be said that there is a case

Code of Criminal Procedure 1973 - Section 362,482 - [Section 403,528 BNSS] - A criminal Court has no power to recall or review its own judgment. The only permissible action is to correct or rectify clerical errors by virtue of Section 403 BNSS [Section 362 CrPC] The court

Code of Criminal Procedure 1973- Section 438 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 -Concurrent jurisdiction to the High Court and Sessions Court for entertaining applications for anticipatory bail- High Court should always encourage exhausting an alternative/concurrent remedy before directly interfering itself. This approach balances the interests

Code of Criminal Procedure 1973 -Section 374(2) -As the first appellate court, the High Court is expected to evaluate the evidence including the medical evidence, statement of the victim, statements of the witnesses and the defence version with due care. While the judgment need not be excessively lengthy, it

Code of Criminal Procedure 1973 - Section 309 [Section 346 BNSS] - Disapproves practice prevailing in the trial courts across the country that the examination-in-chief of a particular witness is recorded in a particular month and his cross-examination would follow in particular subsequent month - Once the examination of witnesses