Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that accused forcibly took away ornaments of prosecutrix - However, said allegation is false and afterthought because jeweller with whom said alleged ornaments were mortgaged stated that he knew accused as well prosecutrix, as..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Second marriage during subsistence of first marriage - Wife lodged FIR that she learnt about performance of second marriage by husband from somebody else which is in the nature of hearsay evidence - Same has now turned prima facie into piece of evidence with recording of statement..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Illegal gratification - Accused being Medical Officer demanded and accepted Rs.8200 from complainant for treatment of his wife and Rs.1100 from `S' for treatment of his father - Time gap between alleged payments made in 1993-94 and FIR registered in the year 1997 was taken into consideration by trial Court -..........
Indian Penal Code, 1860, Section 302 -- Murder - FIR is not free from any kind of suspicion - Most of PWs have not supported case of prosecution - After considering depositions of PWs, documentary evidence supporting ocular versions, arguments advanced by parties, chain of circumstances has been found to be incomplete - Moreover, categorical findings of Court below that..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings u/s 498-A IPC - Proceedings cannot be quashed merely on the ground that Family Court in a proceeding u/s 125 Cr.P.C. has held that informant is not the wife of accused when FIR and statement of witnesses disclose about marriage which need to be established during..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506, 448, 387 -- Quashing of proceedings - Cheating - FIR does not disclose any act of accused or their participation in commission of crime - It is not the case of complainant that either accused have played any active/passive role either in scribing document or are..........
Indian Penal Code, 1860, Section 376, 450, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Evidence of prosecutrix is consistent with statements made in FIR - Not even a suggestion is given to prosecutrix that there was a consent by prosecutrix - Moreover, contradictions sought to brought on record in evidence of prosecutrix are of insignificant nature..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Delay in lodging FIR - Mere delay in lodging FIR will not help accused in their prayer for bail - Keeping in view age of victim and she having been allegedly put into fear of life,..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Parties are in live-in-relationship and they both are major - They claim their decision to be based upon voluntarily will/option - Consequently, no authority or person should intervene or intercept their enjoyment of live-in-relationship - FIR quashed...........
