This is a reference made under Section 318 of the Code of Criminal Procedure by the Addl. Sessions Judge, Balod, Distt. Durg (CG) in Sessions ... offence punishable under Section 376(2)(f) of IPC and referred the matter to this Court under Section 318 , Cr.PC, for passing an appropriate
convicted
for offence under Section 6 of the POCSO Act. However, the trial Court
while taking note of Section 318 Cr.P.C. referred ... apposite to refer to Section 318 Cr.P.C.,
which reads as under:
"318. Procedure where accused does not understand proceedings -
If the Accused
before the Court can refer a case under Section 341 (analoguous to Section 318 of present Cr.P.C .) for orders to the High Court ... procedure prescribed under Section 341 , Cr.P.C. should be followed.
9. It has to be noticed that in so far as Section
Petitioner.
.Vrs.
STATE OF ORISSA. ...... .... Opp.Party.
CRIMINAL PROCEDURE CODE , 1973 (ACT NO.2 OF 1974) - SEC.318.
For Petitioner - M/s. B.S.Mishra ... both
on merit and on procedural lapses. His main ground of challenge is however non-compliance of
Section 318 , Cr.P.C., as the petitioner
Petitioner.
.Vrs.
KUNDA @ BHATUA LAKRA .............. Opp.Party.
CRIMINAL PROCEDURE CODE , 1973 (ACT NO.2 OF 1974) - SEC.318.
For Petitioner - Mr. J.P.Pattnaik,
Addl ... party under Section 302 , IPC by judgment dated 12.11.2002 in Sessions Trial No. 201 of
1998 has made this reference under Section 318
Section 319 Cr.P.C., this Court held that the power is discretionary and
should be exercised only to achieve criminal justice and that ... shell, it means that for exercise of discretion under
Section 318 Cr.P.C, all relevant factors, including the one noticed above,
have
Judgment
1. This is an office reference made under Section 318 of the
Criminal Procedure Code, 1973 (in short ' ... then, it referred the matter to this Court under Section
318 of the Cr.P.C. for passing appropriate order.
4. Learned counsel appearing
under Sections 302 read with Section 34 IPC and Section 324 read with Section 34 IPC. Under Section 302 read with 34 IPC , the accused ... Section 318 of the code corresponds to Section 341 of the old Code (Act V/1898). Section 318 reads as follows:
"318. Procedure where
follow the
procedure laid down under the Cr.P.C while dealing with such an accused who is
deaf and dumb. Section 318 of ... Chhatisgarh High Court, [Crl. Ref. No.3/2021] , the
accused was charged under Section 376(2)(f) of IPC and Section 4 of POCSO
Judgment
1. This is an office reference made under Section 318 of the
Criminal Procedure Code, 1973 (in short ' ... then, it referred
the matter to this Court under Section 318 of the Cr.P.C. for
passing appropriate order.
4. Learned counsel appearing
