Criminal Procedure Code, 1973, Section 57, 167(2)(a)(ii), Indian Penal Code, 1860, Section 376(2) -- Life imprisonment - Default bail - Rape case - Merely because a meaning is given to imprisonment for life in S.376(2) IPC, it cannot be said that for computing period of detention u/s 167(2) Cr.P.C, S.57 IPC is not applicable...........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii), 57, Indian Penal Code, 1860, Section 511, 376, 306 -- Default bail - Offence u/ss 511, 376, 306 IPC - Accused who is charged for offence u/s 511, 376 IPC, can be imprisonment only for a period of 10 years - Admittedly, 60 days is over after first remand of accused - Final report is not filed as on today - Accused held,..........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 498A, 304B -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Cruelty - Accused is confined in jail since 2016 and father of accused is diagnosed with pancolitis - Sentence of accused suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
Indian Penal Code, 1860, Section 420, 406, Information Technology Act, 2000, Section 66D -- Cheating - Settlement - Quashing of FIR - Dispute was regarding parcel of land which complainant had purchased by registered sale deed - Settlement arrived at between parties - Dispute is private and personal in nature - Continuance of proceedings would lead to wastage of precious..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Death by negligence - Accused are well qualified doctors - No material on record that death of daughter of complainant is direct result of rash and negligent act of accused and such act is proximate and efficient cause for death - Even, there is no material to show reckless state of mind qua accused with..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - PWs being relatives of deceased stated on basis of information provided to them by others, but they themselves had not seen incident from their own eyes - I.O though supported prosecution case, but he has not stated anything conclusive - Evidence of PW2/neighbour of accused shows that he reached house of..........
Indian Penal Code, 1860, Section 302, 392, 201 -- Murder - Circumstantial evidence - Last seen evidence - Circumstance of last seen of deceased in the company of accused duly stands established from CCTV footages, and articles recovered - Said CCTV footage proved by witnesses who had handed over the same to investigating agency - Circumstance of last seen points towards..........
Indian Penal Code, 1860, Section 302, 392, 201 -- Murder - Circumstantial evidence - CCTV footage - Accused is seen in CCTV footage carrying a bag - Photograph taken from CCTV footage also shows that accused was carrying a bag on his shoulder - Dead body of deceased was recovered from said bag - Said circumstance thus, points towards guilt of accused - Accused rightly..........
Indian Penal Code, 1860, Section 302, 392, 201 -- Murder - Circumstantial evidence - Recovery of clothes of deceased - Clothes of deceased were recovered from her dead body at the time of post mortem examination - Said clothes were identified by children of deceased as well as sister-, law of deceased - Moreover, said clothes were visible in CCTV footages - Although..........
