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Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand. Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility. Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities. Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence. Army Act, 1950 — Sections 63 and 69 — Possession of ammunition — Substitution of conviction — Tribunal can substitute conviction from a civil offence (Section 69) to an act prejudicial to good order and discipline (Section 63) if evidence supports the latter and the original court-martial could have lawfully found the accused guilty of the substituted offence.

Criminal Procedure Code, 1973 (CrPC) – Section 386(a) – Reversal of order of acquittal – Section 386(a) places no restrictions on power of appellate Court to convert order of acquittal into conviction – However, there should be good and compelling reasons for appellate Court to convert order of acquittal into conviction.

  (2011) 10 JT 77 : (2011) 9 SCALE 59 SUPREME COURT OF INDIA C. RONALD AND ANOTHER — Appellant Vs. STATE, U.T. OF ANDAMAN AND NICOBAR ISLANDS — Respondent…

Penal Code, 1860 (IPC) – Section 304 – Custodial death – Nature of offence – Injuries found on body of deceased were confined to skin and upper level of body – In this case of custodial death it is found by the medical evidence that the injuries were confined to the skin and upper level of the body. Grievous injuries were not found on vital parts of the body like head, liver, spleen, heart, lungs, etc. The duration of the injuries were widely variant.

  (2006) ACJ 1002 : AIR 2005 SC 402 : (2005) CriLJ 320 : (2004) 10 JT 547 : (2004) 9 SCALE 390 : (2005) 9 SCC 631 : (2004)…

Criminal Procedure Code, 1973 (CrPC) – Section 406 – Delhi Special Police Establishment Act, 1946 – Section 6 – Transfer of CBI case – Once a State Government issues notification transferring investigation to CBI, for all intents and purposes, CBI is entitled to exercise the same powers as State Police, in relation to investigation transferred to it

  AIR 2011 SC 1549 : (2011) CriLJ 997 : (2010) 12 JT 641 : (2011) 1 RCR(Criminal) 120 : (2010) 12 SCALE 199 : (2011) 1 SCC 307 :…

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