Law: Criminal Procedure Code (V of 1898)

Section: 265-K,265-F

(a) Criminal Procedure Code (V of 1898)------Ss. 265-K & 265-F---Application for acquittal---Defence of alibi---Accused took plea of alibi and was acquitted upon acceptance of a document in support of said plea---Document of defence could not be the base for final determination/acquittal without letting the opposite party to make an attempt to disprove or at least challenge the authenticity of such document and if such was allowed to hold the field, the same would frustrate the very scheme of the 'Trial Procedure' as provided under S.265-F of the Cr.P.C.---Plea of alibi can be substantiated through leading evidence which an accused could, no doubt enjoy, but only at accused's turn within meaning of S.265-F of the Cr.P.C.---Charge against accused was of 'abetment or conspiracy' and to constitute an offence for abetment or conspiracy, physical presence of the accused at the time of commission of offence was not required---Impugned order was set aside and case was remanded to Trial Court. (b) Criminal Procedure Code (V of 1898)--- ----S. 265-K---Acquittal through an application under S.265-K, Cr.P.C.---Scope---Defence of alibi supported by documents---Effect---Acquittal appeal against a of full-fledge trial and against one order passed on application under S.265-K, Cr.P.C. could not be compared in the same parameters, and while court can acquit under said (S.265-K, Cr.P.C.), at any stage of trial, however such power was subject to satisfaction of the court, after examining material and hearing prosecution, that there was no probability of the accused being convicted for any offence and not necessarily the one with which he was charged with---Trial Court could acquit the accused at any stage if no evidence was available on record---Acquittal under S.265-K, Cr.P.C., could only be sought with reference to prosecution material and any material of defence, if the same had not come on record as required by law, could not be legally considered to acquit the accused since the term 'no possibility of conviction of accused for any offence' used in S.265-K, Cr.P.C., had no room for a material or plea of defence, but a defence plea, whatever it may be remained a defence…

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