Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Appeal against acquittal - Prosecutrix stated that complaint filed on behalf of her was not dictated by her and same was prepared by her brother and that contents of complaint were not read over to her at the time of filing the same - Parents of prosecutrix declared hostile - Prosecution failed to prove charges..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 121, 121A, 122, 123, 302, 307, 323, 427, 120B, Explosive Substances Act, 1908, Section 3, 4, 5, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 19, 20, 23, Information Technology Act, 2000, Section 66 -- Bail - Five bomb blasts - Out of 610 cited witnesses, till date, over a period of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 498A, 323, 324, 325, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Matrimonial dispute - Injury report to demonstrate injuries received by wife of accused - Chances of amicable settlement between parties - Chance of absconding of accused from course of law is very low, as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Quashing of proceedings - Offence u/ss 452, 323, 504, 506 IPC - Prime facie alleged offences is made out against accused - When factual foundation of any offence is laid against accused, Court should not intervene in exercise of its inherent jurisdiction - Summoning of..........
Indian Penal Code, 1860, Section 307, 34, 323 -- Attempt to murder - Semi-circular injury sustained by victim, which was caused by sword as per victim - However, semi-circular injury cannot be caused by a sword - Even otherwise, sword was not produced before Court and same was not blood stained - Injured consumed alcohol and he himself admitted that he fell down -..........
Indian Penal Code, 1860, Section 341, 323, Probation of Offenders Act, 1958, Section 3 -- Offence u/ss 341, 323 IPC - Benefit of probation - Trial Court while granting benefit of probation to accused, considered all pros and cons including his social status and previous conduct - Appellant Court also fully concurring the said finding of trial Court and recorded its..........
Indian Penal Code, 1860, Section 451, 325, 323, 34 -- Genesis of prosecution case is that occurrence of alleged incident started from his scooter being hit by vehicle driven by accused - However, there is no independent witness who saw accident - Fact that complainant has gone to house of accused and thereby he was beaten by accused is not substantiated - Cross case is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 342 -- Quashing of Proceedings - Offence u/ss 323, 342 IPC - Allegation that accused entered into the bathroom of complainant while he was taking bath and tried to commit unnatural offence - Wrong is basically private or personal in nature as complainant has also lost interest and has not..........
Indian Penal Code, 1860, Section 376, 342, 323, 506 -- Rape of pregnant woman - Quantum of punishment - Aggravating factors : (i) prosecutrix was one month pregnant on the date of the incident; and (ii) the trauma of rape suffered by the prosecutrix - Mitigating circumstances are : (i) there were no signs of violence; (ii) the appellant did not act in any unusual or cruel..........
Indian Penal Code, 1860, Section 498A, 323, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A, 323 IPC - Compromise - Quashing of FIR - Parties resolved their dispute before Lok Adalat and both are residing together as husband and wife - Allegations in FIR reveals that case squarely falls in the category of cases which can be quashed by High Court -..........
