Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471 -- Quashing of FIR - Compromise - Cheating - Matter between parties compromised - Compromise is genuine and Court has no inhibition in accepting compromise and quashing FIR as well consequent proceedings arising out of FIR - Proceedings quashed...........
Indian Penal Code, 1860, Section 307, 34 -- Reduction of sentence - Attempt to murder - Conviction - Prosecution witness clearly establishing that he had sustained injuries inflicted by accused persons using sharp weapons - Testimony of prosecution corroborated by evidence of medical officer, which also shows that injuries might have caused death - Offence punishable..........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m), 10, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape of 7 years old girl - While granting bail High Court converted adjudication of bail application to a mini trial - Impugned order granting bail set aside...........
Indian Penal Code, 1860, Section 228A, Protection of Children from Sexual Offences Act, 2012, Section 33(7), 23 -- Protecting identity of victim in an offence of rape or an offence under POCSO Act - Name of victim not be indicated in the judgment - S.33(7) of POCSO Act casts a duty on Special Court to ensure that identity of victim is not disclosed at any time during the..........
Prevention of Corruption Act, 1988, Section 7, 8, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Criminal conspiracy - Quashing of proceedings - Plea that prosecution is having insufficient evidence to bring home conviction - Held, at this stage it is not proper to bring out conclusion or guilt..........
Indian Penal Code, 1860, Section 315 -- Offence u/s 315 IPC - In order to attract offence u/s 315 IPC, embryo must have possibility of resulting in a child being born alive - It is inherent in this that a lifeless fetus cannot be covered by said penal clause...........
Indian Penal Code, 1860, Section 315, 120B -- Offence u/ss 315, 120-B IPC - Fact cannot be denied that a embryo carried by complainant was lifeless on the day of incident - It had to be evacuated by medical procedure which was carried out by A-3 in her own best interest - Continuation of lifeless fetus in the body of complainant would have led to grave risk to her physical..........
Indian Penal Code, 1860, Section 328 -- Offence u/s 328 IPC - No evidence on record that any substance in the nature of poison or stupefying, intoxicating or unwholesome drug was administered to complainant - Mere oral words of complainant cannot suffice - No reliable or cogent evidence brought to Court to support the complainant about such offence - Summoning order for..........
Indian Penal Code, 1860, Section 406 -- Entrustment of streedhan articles - Issue of return of streedhan articles had prima facie remained unresolved though in matrimonial proceedings settlement arrived at between parties - Allegation of complainant about husband/A-1 not having discharged the trust vis-a-vis streedhan articles cannot be treated as time barred - Summoning..........
Indian Penal Code, 1860, Section 148, 149 -- U, lawful assembly - Common object - Once all six accused were acquitted by Sessions Judge and no appeal was filed by State against said order, High Court was not justified in convicting A-1 u/ss 148, 149 IPC - Conviction and sentence of A-1 set aside...........
