Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406 -- Bail - Violation of an agreement or non payment of balance due - Whether an offence u/s 420 IPC or 406 IPC is made out or not is a matter to be investigated by investigating officer - For that purpose, custodial interrogation is not necessary - Bail granted...........
Indian Penal Code, 1860, Section 354A, 354, 323, 452, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of woman - Accused already suffered jail incarceration for more than 2 months - Investigation is complete and challan has been filed - Accused is no more required for further custodial interrogation - Bail granted to accused with conditions...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to convict a person u/s 306 IPC, there has to be a clear mens rea to commit offence - It also requires an active act or direct act which led deceased to commit suicide seeing no option and this act must have been intended to push deceased into such a position that he/she committed suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence to prove that accused abetted deceased for committing suicide - Deceased made all allegations against his wife/co-accused in suicidal note - No allegation made against accused in suicidal note - Even suicidal note is silent about illegal relationship of accused with co-accused - Essential ingredients..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Rape case - Victim aged about 15 years specifically stated that she was subjected to rape by accused and co-accused - She..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder case - Taking into account the facts and circumstance of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any convincing material to indicate possibility of tampering with..........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Non-joining of public witness - Prosecution case ought not to be doubted only for the reason that public witnesses were not joined in proceedings at the time when accused was apprehended or for the reason that public witnesses were not examined - Testimony of complainant and other PWs are consistent and leave no room..........
Indian Penal Code, 1860, Section 380, Evidence Act, 1872, Section 114 -- Theft - Presumption u/s 114 of Evidence Act - Accused was caught when he was trying to run away from temple after stealing articles belonging to temple - Soon thereafter accused was found in possession of stolen articles - Presumption u/s 114 of Evidence Act thus, can be taken - Accused rightly..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 325, 427, 504, 506(2), 114 -- Quashing of FIR - Offence u/ss 323, 325, 427, 504, 506(2), 114 IPC - Amicable settlement arrived at between parties - Complainant filed a specific affidavit that on account of misconception, complaint is filed and he is no longer interested in prosecuting matter..........
Indian Penal Code, 1860, Section 366 -- Offence u/s 366 IPC - To constitute an offence u/s 366 IPC, prosecution has to show that kidnapping/abduction was done in furtherance of an intent to compel victim to marry against her will - Provision of S.366 IPC does not require factum of marriage to be proved...........
