Indian Penal Code, 1860, Section 188 -- Offence u/s 188 IPC - Person booked u/s 188 IPC must have actual knowledge of public servant's order requiring him to do or abstain from doing some act - Acquiring or gaining of such knowledge is a pre-requisite - Any proof of general notification promulgated by a public servant would not satisfy the said requirement...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 188 -- Quashing of proceedings - Compromise - Offence u/ss 379, 188 IPC - Compromise arrived at between parties and they settled their differences - Continuation of criminal proceedings after compromise would amount to abuse of process of Court - Proceedings quashed...........
Indian Penal Code, 1860, Section 302, 307, 326, 323, 325, 148, 149 -- Murder - Discrepancies found in testimonies of eye witnesses - Prosecution failed to produce any independent witness to corroborate their version - Recovery of weapons not proved - Blood found on the clothes of accused is doubtful to be of deceased, as it is difficult to believe that accused were wearing..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Altercation between accused and deceased - Thereafter deceased uttered the words that he would jump into the well - Mere fact that accused retorted the words by saying that if you want to jump tomorrow why not jump today itself, did not contain necessary ingredients to make out a case u/s 306 IPC - Accused..........
Indian Penal Code, 1860, Section 228A -- Non-disclose of identity of rape victim - Directions issued to investigating agency/police authorities and all Courts in State of Maharashtra that : (i) Identity of victim should not be disclosed by any of authorities in charge sheet; (ii) further direction issued to all concerned agencies who are dealing with investigation of crime..........
Indian Penal Code, 1860, Section 302, 394 -- Murder and robbery - Concurrent running of sentence - Accused convicted u/s.302 of IPC for imprisonment for life and convicted u/s.394 of IPC for 10 years - If life imprisonment is punishment that is imposed, the term sentence will have to run concurrently...........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 182 -- Offence u/s 182 IPC - Kalandra/complaint u/s 182 IPC can be filed only by officer to whom complaint has been made or by superior officer and not by inferior officer...........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 468, 469 -- Kalandra/complaint u/s 182 IPC - Limitation - Starting period - Limitation starts on the date when the police officer finds that complaint was false - Therefore, taking cognizance against petitioner u/s 182 IPC on the basis of complaint after expiry of one year as prescribed u/s 468..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix and accused desirous of marrying each other - Parents of accused have no objection to marriage - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code,1860, Section 506, 118 -- Compromise - Quashing of proceedings - Non compoundable offences - FIR and proceedings can be quashed in the facts and peculiar circumstances of the case...........
