Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - False promise of marriage - Victim is a married lady having two kids - There cannot be a promise to marry when victim is in subsisting marriage - Anticipatory bail granted to petitioner with conditions...........
Indian Penal Code, 1860, Section 309, Kerala Abkari Act, 1977, Section 55(a) -- Offence u/s 55(a) of Kerala Abkari Act and S.309 IPC - Modification of sentence - Incident occurred 23 years ago - No criminal antecedents against accused - Sentence modified to S.I of one year with fine of Rs.1 lakh in default of payment of fine, to further undergo S.I of 6 months...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 506, 120B -- Anticipatory bail - Offence u/ss 420, 506, 120-B IPC - Petitioner is a young boy aged just 16 years and after considering allegations, and in facts and circumstances peculiar to petitioner, on this ground alone he is entitled to bail - Furthermore, petitioner is a first offender..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Criminal Procedure Code, 1973, Section 482, 4, 5, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Delay in lodging FIR - Ss.4 & 5 Cr.P.C. not applicable as it is criminal jurisdiction which is invoked and not jurisdiction u/s 138 Negotiable Instruments Act - FIR cannot be said to be belated as Ss.420, 406, 120-B IPC permits lodgement of FIR within..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of dead body of deceased at the instance of accused in an open place - Merely because dead body of deceased was recovered from an open place, it cannot be held that dead body of deceased was recovered at the instance of accused...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession by accused made before 200-300 persons, wherein firstly accused refused before them regarding commission of murder but on being insisted and repeatedly asked he has made confession that he has committed murder of his brother - Extra judicial confession..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Last seen theory - Merely because accused was last seen with deceased, he cannot be convicted solely on that basis, particularly when there is no other connecting links and no other incriminating circumstance which leads to hypothesis of guilt against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused was armed with a wooden leg of cot in his hand which cannot be termed as a dangerous weapon - He had no knowledge that deceased would die through a single blow - Accused had no intention to kill his uncle - He is thus, liable to be convicted u/s 304(Part II) IPC...........
