Indian Penal Code, 1860, Section 354, 376, 511 -- Outraging modesty of woman - Attempt to rape - Act and conduct of accused when he entered the room of prosecutrix was to molest her, besides, allure her - But at that particular time accused had no intention to commit rape upon her - Nothing on record to show that accused made preparations to commit rape or intention to..........
Criminal Procedure Code, 1973, Section 432, 433 -- Pre-mature release - Life imprisonment u/ss, 302, 376 IPC - Permissibility - Accused completed 27 years 9 months and 29 days of his sentence - However, factum of accused having committed other penal misdemeanors both inside and outside jail rendered his conduct to be not warranting any benefit of remission of sentence,..........
Punishment -- Relevant consideration for sentencing would be the facts and circumstances in each case; nature of crime; manner in which it was committed; conduct of accused post commission of offence and all other attending circumstances - All factors individually and collectively need form part of consideration of a Court while sentencing...........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Ss.437(5), 439(2) Cr.P.C. empowers the Magistrates and Sessions Courts respectively to cancel the bail granted to an accused on the basis of his subsequent conduct...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Three persons died and four others injured - Evidence on record proves that accused was driving offending truck in a rash and negligent manner causing death of three persons and also caused injuries to four others - Identity of accused was successfully established by PWs - Evidence of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 120B -- Second bail application - Dowry death - Husband main accused - Proclamation was issued against petitioner/husband as his presence was not procured in the ordinary course by summoning Court - Earlier bail application of petitioner was dismissed for want of prosecution - Keeping..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Prosecution case from the beginning was against only three accused, but how fourth and fifth accused arrayed not explained - Genesis of incident suppressed by prosecution - No evidence on record proving guilt of fifth accused `S' - Statement of PWs 7 & 9 who allegedly called eye witnesses not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 108 packets of Poppy husk - Search and seizure - Provision of S.50 of Act is not applicable to case, as recovery was effected fromsearch of vehicle/car - However, story put forward by I.O that he gave option to accused for conducting their search in presence of a gazetted officer or a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 477A, Prevention of Corruption Act, 1988, Section 13 -- Cancellation of anticipatory bail - Challenge as to - Offence u/ss. 409, 420, 467, 477A IPC and S.13 of PC Act - Allegations of corruption and misappropriation of public funds released for rural development - Considering..........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute an offence of cheating intention to deceive should be in existence at the time of inducement -Mere failure to keep up promise subsequently cannot be presumed to be cheating - Subsequent conduct of accused is relevant to infer that whether he had fraudulent or dishonest intention at the inception i.e when the..........
