Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Compromise during pendency of appeal filed against conviction - Accused cannot be acquitted on the basis of compromise - However, Appellate Court can take lenient view in awarding sentence after hearing appeal, if conviction is sustained...........
Criminal Procedure Code, 1973, Section 118 -- Child witness - Testimony of child witness - Can be referred and relied upon for bringing home guilt of accused...........
Criminal Procedure Code, 1973, Section 222, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Non-framing of charge u/s 376 IPC - Rape as defined u/s 375 IPC and penetrative sexual assault by penis into vagina u/s 4 of the POCSO Act have got all common ingredients - Conviction of accused u/s 4 of POCSO Act therefore..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, Drugs and Cosmetics Act, 1940, Section 8C, 27B(2) -- Second bail application - Recovery of 1150 tablets Alprazolam and 1140 capsules Parvon spas - Gross weight of the drug is to be counted and not merely the net percentage/content of the salt in the..........
Indian Penal Code, 1860, Section 420, 467, 468, 470, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of FIR - Allegation against accused is that he furnished false information or has not furnished correct information regarding his children while contesting election - Furnishing false information before a public servant cannot be equated..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 323, 504, 506 -- Delayed FIR - Rape case - Informant stated that he moved a written application but his report was not lodged - Even prosecutrix and her mother also stated that they went to police station to lodge report but her report was not lodged - However, neither copies of such..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Complaint u/s 12 of Domestic Violence Act - Quashing of complaint - Complaint can be quashed u/s 482 Cr.P.C. if it is found that complaint is an abuse of process of Court or is filed only with a view to harass the other side...........
Criminal Procedure Code, 1973, Section 454 -- Forfeiture of currency notes - Currency notes given to accused as ransom money for release of his abducted son - Ownership right of seized currency notes is a complicated issue of fact - Petitioner directed to seek adjudication regarding ownership right of seized property from competent civil Court or as directed by Criminal..........
Indian Penal Code, 1860, Section 186, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 186 IPC - Complaint that Government administration was disrupted for half an hour - Merely disruption of Government administration without mentioning that public servants were obstructed voluntarily from discharging their public functions would not attract S.186 IPC - Complaint..........
Criminal Procedure Code, 1973, Section 195(1)(a), Indian Penal Code, 1860, Section 186, Criminal Procedure Code, 1973, Section 482 -- Complaint - Offence u/s 186 IPC - Quashing of complaint - Complaint filed under signatures of SHO of concerned police Station - Power to file complaint could not be delegated to SHO - Complaint should have been initiated at the instance of..........
