Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that complainant was sent abroad by illegal method after payment of Rs.22 lakhs and he is arrested in USA and thereafter repatriated to India - However, to whom he has paid said money is not clear - Object of payment of money if any could be..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Run-away marriage - Quashing of proceedings - Accused and victim were in love with each other and they decided to get married - Both eloped from their respective homes, got married and consummated marriage - Offences..........
Criminal Procedure Code, 1973, Section 216, 217 -- Addition of charge u/s 420 IPC - Dishonour of cheque - Entire complaint was for dishonour of cheque which was issued by accused against loan taken from complainant - Charges u/s 138 of N.I. Act is made out against accused - There is no specific averment in the complaint itself that such loan was availed by accused on..........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Mere possession of deadly weapon does not satisfy statutory requirement, as it provides `uses any deadly weapon' u/s 397 IPC...........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - If weapon with which offender was armed was within vision so as to be capable of creating terror in the mind of victim, that would be sufficient to satisfy word `uses' for purpose of S.397 IPC - Accused rightly convicted...........
Indian Penal Code, 1860, Section 392, 397, Evidence Act, 1872, Section 9 -- Offence u/ss 392, 397 IPC - Test Identification Parade (TIP) - Incident took place in Feb 1997 and accused arrested in Sep 1997 - TIP was conducted in Oct 1997 - Investigating authority had no occasion to produce accused in TIP before his arrest - Moreover, accused was identified by PW3 in dock..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Anticipatory bail - Cheating - Misappropriation of money - Serious and grave allegations of fraud and misappropriation of large amount of money of farmers are made against accused - Old age or ailments etc. of accused cannot help them in escaping arrest and custodial..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 451 -- Sexual assault - Accused committed sexual intercourse on victim with false promise to marry her and thereafter since accused refused to marry her and failed to keep up his promise, she consumed poison - Mother of victim was examined and she corroborated said fact -..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Reduction of sentence - Deceased died unnatural death due to strangulation - Most of witnesses have not supported prosecution case - Conviction passed on basis of autopsy report and that incident occurred on spur of moment which was not intentional - Sentence of accused..........
Criminal Procedure Code, 1973, Section 195(1)(a)(i), Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - No written complaint was made to any Court by any public servant or some other public servant, who was subordinate as per S.195(1)(a)(i) Cr.P.C - FIR could not be registered by police as there was no ban on marriages during lockdown due to COVID pandemic -..........