Saturday 10 September 2022

Questions and answers on law (Part 50)

 Q 1:- Whether possessing or transporting Gutka or Pan Masala amounts to offence U/S 328 of IPC?

Ans:-Possessing Gutka or Pan Masala or transporting Gutka or Pan Masala does not amount to administering it to any victim. possessing or transporting Gutka or Pan Masala did not amount to offence under Section 328 of the Indian Penal code.

Read full Judgment here: Click here

Q 2:- Under which circumstances appellate court can remand criminal case?

Ans:- As such, there is no specific provision for remand of case available in CRPC as it is available in CPC.

Further, in case of wrongful discharge of accused or dismissal of complaint, S 398 of CRPC provides for power to order further enquiry.

It's only appeal and revision powers that are provided under CRPC. But S  386 of CRPC provides that in an appeal against acquittal order, appellate court may reverse the order and direct further enquiry and accused may be retried or committed for trial or pass sentence on him if find guilty, as the case may be..

Thus, it is in discretion of court to direct further enquiry only when evidence is not sufficient to decide. And it may be in cases of not examination of important witnesses or rejection of application under S 311 of CRPC as mentioned above.

While in case of appeal against conviction, appellate court is very well empowered to reverse the finding and sentence and acquit or discharge the accused.

But if convicted by wrong court or by court not having jurisdiction, accused can be re-tried by proper forum competent to try him or commit for trial.

Q 3:- Whether appellate court can suspend the sentence upon dismissing the appeal against conviction up to three years ?

Ans:- Yes. As per Section 389 in The Code Of Criminal Procedure, 1973
389. Suspension of sentence pending the appeal; release of appellant on bail.
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.
(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,-
(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub- section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

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