Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Information Technology (Amendment) Act, 2008, Section 66, 72 -- Quashing of proceedings - Compromise - Cheating - Criminal conspiracy - Parties entered into compromise - Matter between parties has been settled amicably, voluntarily and without any pressure or coercion - Proceedings..........
Indian Penal Code, 1860, Section 302, 307, 201, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Evidence adduced by prosecution is duly corroborated by statement made by accused u/s 313 Cr.P.C - Answer offered by him in his statement u/s 313 Cr.P.C to some questions were evasive and in answer to certain questions he..........
Indian Penal Code, 1860, Section 302, 404, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/ss 302, 404, 34 IPC and S.3(2)(v) of SC/ST Act - When the offence complained are both under IPC and SC/ST Act and charges under IPC is framed after investigation is conducted by a competent police officer in accordance with..........
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302, 201 -- Motive - Murder case - Where last seen evidence and recovery of articles not duly established by prosecution, conviction of accused cannot be based merely on the alleged motive - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, 201 -- Murder case - Testimony of PWs - Statement of PW9 last seen witness is rendered doubtful to the effect that deceased was called by accused inside her house, as if he had actually seen deceased going inside house of accused, he would have informed parents of deceased same day - Moreover, PW9 stated that route/path taken by..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - If on account of closure of commercial activity, any particular person who is associated with such commercial venture, suffers loss, same would not amount to commit an offence by Company u/ss 420, 406 IPC - Proceedings qua directors of such company..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of eye witnesses - Eye witnesses PW3 & PW4 reached place of occurrence simultaneously and there is discrepancy between their statements regarding manner of incident - Both the eye witnesses are closely related to prosecutrix, their testimony could be doubtful on this count also and they could give false..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of prosecutrix - Prosecutrix stated that when she was going to attend nature's call, accused `S' caught hold of her from behind and got her mouth gagged and accused and co-accused dragged her inside the sugarcane field and committed rape upon her one by one - When accused committed rape she got an opportunity to..........
Indian Penal Code, 1860, Section 414, Criminal Procedure Code, 1973, Section 100 -- Offence u/s 414 IPC - Non-compliance of S.100 Cr.P.C - Accused convicted on basis of testimony of two witnesses, who were members of raiding team - Articles were seized from different places and different place of occurrence ought to have been proved by I.O - Non-examination of I.O in such..........
Indian Penal Code, 1860, Section 302 -- Murder - Role of accused in crime is proved by ocular version which is duly corroborated by medical evidence - Accused inflicted Phasra blow on neck of deceased and it is evident that intention of accused was to commit murder of deceased - Plea of accused regarding his age that he was minor at the time of incident is rejected being..........
