Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Deceased has been done to death mercilessly due to strangulation in the house of accused - Without delving into merits and demerits of the matter, this is not a fit case where bail is to be granted - Bail application rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Unnatural offence - Victim and her father retracted from their previous statements while appearing in witness box - No purpose is going to be served by subjecting accused to custodial interrogation at..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Serious contradiction in oral and medical evidence and medical evidence is not in conformity with oral evidence adduced by prosecution - No overt act perpetrated on any of accused - Story mentioned in FIR that accused demanded dowry from PW4 seems to be completely false - Dying declaration given to PW2 by deceased does..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Compromise - Prosecutrix and accused are lovers and were living together for two years - Accused made a proposal to marry her and developed sexual relations with her and later on he refused to marry her and hence FIR was lodged - However, now prosecutrix has married..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 498A, 406 -- Discharge - Offence u/ss 498-A, 406 IPC - Magistrate has correctly appreciated the prosecution case as put forth in charge sheet and came to finding that case against respondents not made out - Judgment of revision Court endorsing the finding of Magistrate is also well within the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961 -- Quashing of proceedings by High Court - Merely because wife was suffering from disease AIDS and/or divorce petition was pending, it cannot be said that allegations of demand of dowry were highly/inherently improbable and the said proceedings can be said to..........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - A person against whom a warrant is issued and is absconding or concealing himself in order to avoid execution of warrants and proceedings u/s 82 Cr.P.C. initiated against him, is not entitled to relief of anticipatory bail...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Punishment prescribed u/s 376 IPC and S.4 of POCSO Act are one and same - Argument that once accused was convicted u/s 4 of POCSO Act, Special Judge ought not to have convicted accused for offence punishable u/s 376 IPC, looses its significance...........
Indian Penal Code, 1860, Section 302, 201, 84 -- Murder of two minor children by father - Plea of unsoundness of mind - Accused was addicted to alcohol and was admitted to rehabilitation center for de-addiction - Nothing on record that accused was medically treated as a person of unsound mind or was legally required to be taken as a person of unsound mind - Even plea of..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of two minor children by father - Burden of proof - Dead bodies of deceased were found from canal and they were subjected to manual strangulation which resulted into their death - Deceased were lastly in the company of their father/accused alone - Three independent witnesses stated that..........
