Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489B, 489C, 34 -- Bail - Counterfeit currency notes - Accused has no criminal antecedents and he is otherwise an Indian citizen - Question whether accused did have knowledge that notes could be counterfeit or otherwise would be borne out during course of trial, which fact cannot be deduced at this..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Reduction of sentence - Incident occurred in 1990 - Accused has undergone a period of 4 days in custody of total 4 months and also suffered agony and trauma of protected trial for last 30 years - Offence awarded under the alleged offences reduced to period already undergone by him - However,..........
Criminal Procedure Code, 1973, Section 216 -- Addition of charge - Charge u/ss 406, 420 IPC - Accused allegedly raised demand of Rs.5 lakhs for securing doctor's job for complainant's daughter in UK - Complainant borrowed such amount from PW5 and paid it to accused in presence of PW5 and PW6 - Without pronouncing on probative value of such evidence, there exists sufficient..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(wi), 3(2)(VA) -- Bail - Kidnapping and rape - Prosecutrix stated in her statement recorded u/s 161 Cr.P.C that she went with accused of her own will and accused had not done anything wrong with..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Medical evidence - Death by throttling - Accused pleaded that deceased committed suicide - However, medical evidence shows the reference to nail clippings containing blood on the body of deceased - Several injuries were found on the body of deceased - Even, there were injuries on accused on the neck and..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Delay in lodging FIR - Rape case - FIR lodged after five days of incident - Sister of prosecutrix and her friend offered an explanation which is plausible one that families of accused and co-accused..........
Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Rape of 13 years old girl - Abetment - Prosecutrix proves to be child within meaning of S.2(1) of POCSO Act - Accused intentionally extended aid to co-accused to commit rape on prosecutrix as per evidence of PWs - When prosecutrix was pushed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Indian Penal Code, 1860, Section 420, 468, 471 -- Transportation of huge quantity of contraband - Order framing charges - Petitioner conspired in transporting huge quantity of Ketamine etc. along with other accused and sold the same by violating terms and conditions stated in license - He has not..........
Indian Penal Code, 1860, Section 149 -- Common object - Formation of an unlawful assembly with common object is basic ingredient for invoking S.149 of the Act...........