Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 452, 308, 323, 504, 506 -- Quashing of FIR - Offence u/ss 376, 452, 308, 323, 504, 506 IPC - An application filed by first informant before I.O. that there was no physical relationship between her and accused - False FIR - FIR lodged on false allegations only to built pressure upon accused so..........
Indian Penal Code, 1860, Section 120B, 419, 420, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge of accused - There was a meeting of mind between the respondents and other accused, for fulfilling the objective of their criminal conspiracy - There was circumstantial evidence on record, including the statements of the witnesses assigning a..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Victim was merely aged about 7 years and accused has committed a heinous offence by sexually assaulting him - DNA profile obtained from underwear of victim matched with DNA profile obtained from blood sample of accused - Ocular version as well as..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 109 -- Anticipatory bail - Kidnapping and rape - Prosecutrix in her statement recorded u/s 164 Cr.P.C on two occasions clearly implicated accused by stating that she was kidnapped by him whereafter she was taken to some unknown place and subjected to forcible sexual assault - She has not..........
Criminal Procedure Code, 1973, Section 228 -- Non-framing of charge u/s 149 IPC - Mere defect in language or in narration or in the form of charge would not render conviction unsustainable provided accused is not prejudiced thereby...........
Indian Penal Code, 1860, Section 148 -- Offence u/s 148 IPC - Involvement of six to seven persons in commission of offence has been established and proved - They used force or violence and one of them used a deadly weapon namely knife and therefore, being a part of unlawful assembly, accused can be held to be guilty for offence of rioting and for use of force/violence as a..........
Indian Penal Code, 1860, Section 304(Part I), 149, Evidence Act, 1872, Section 32 -- Offence u/ss 304(Part I), 149 IPC - Dying declaration - Dying declaration of deceased was recorded on next day of occurrence - Since deceased was having stab injury by a knife, there was possibility of danger to his life and therefore by way of prudence, if dying declaration was recorded..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Compromise - Quashing of FIR - Offence is broadly committed against deceased - There can be no compromise with the dead man - FIR cannot be quashed on basis of compromise...........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6, Indian Penal Code, 1860, Section 506(i) -- Aggravated penetrative sexual assault - Testimony of victim - Victim girl is a minor - She deposed that she knows accused through phone - Victim refused to accompany accused, but accused taken her as her father called her so she went along with him - Accused..........
