Indian Penal Code, 1860, Section 364, 302, 201, 120B -- Abduction and murder - Circumstantial evidence - Entire case of prosecution starting from registration of FIR, confession leading to arrest, recovery among other things appears to be not correct and acceptable - Various doubts also improbabilities which are inherent, apart from infirmities found in evidence - Motive..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 120B -- Anticipatory bail - Decree of divorce by mutual consent obtained by producing a lady other than wife - There are direct allegations of impersonation against husband and his custodial interrogation is required - Anticipatory bail refused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 419, 420, 465, 468, 471 -- Decree of divorce by mutual consent obtained by producing a lady other than wife - Anticipatory bail application by father in law of complainant - He is retired government servant and living separately from his son - Neither FIR reveals direct allegations against..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 343, 374, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 79 -- Anticipatory bail - Offence u/ss 343, 374 IPC and Ss.75, 79 of JJ Act - Establishment of accused is not dealing with any hazardous process - There is no ostensible engagement of the child and keeping the..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual act - Prosecutrix caught in toilet by her maternal uncle in totally nude compromising position with accused - No injuries were found on body of prosecutrix - No signs of fresh sexual intercourse were noticed on genitals of prosecutrix - Matter was reported only because act was discovered - Evidence on record shows..........
Indian Penal Code, 1860, Section 363, 366A, 376, 511 -- Kidnapping Attempt to commit rape - Attempt made for forcible sexual intercourse but accused could not accused - Unbelievable when prosecutrix was at the mercy of accused for a period of three days - Two conclusions which can be drawn are : (i) accused did not try to establish sexual relations; (ii) sexual relations..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - No PW has stated a word against accused - No incriminating evidence brought on record by prosecution - All prosecution witnesses to recovery of articles and weapon of offence turned hostile - Even, witness regarding last seen turned hostile - Except the statement of I.O, there is no evidence with prosecution -..........
Indian Penal Code, 1860, Section 427, 504, 506, Criminal Procedure Code, 1973, Section 2(d) -- Explanation - Charge sheet filed u/ss 427, 504, 506 IPC - Case not to proceed as a police case as offence u/ss 427, 504, 506 IPC are non cognizable offences - Case to proceed as a complaint case...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Accused used to torture deceased/wife physically and mentally - He and his family members also raised demand of dowry - Charges u/s 498-A IPC and Ss.3, 4 of Dowry Prohibition Act proved by prosecution beyond reasonable doubt - Conviction upheld...........
Indian Penal Code, 1860, Section 364A -- Abduction for ransom - Prosecution failed to led any evidence that accused abducted deceased for ransom - Deceased was legally wedded wife of accused and she has gone with accused being her wife - It cannot be said that deceased was kidnapped or abducted by accused for ransom - Offence u/s 364-A IPC not proved and set aside -..........
