Indian Penal Code, 1860, Section 294(a), 294(b), 325, 506(II) -- Offence u/ss 294(a), 294(b), 325, 506(II) IPC - Conduct of complainant/PW1 - Allegation that accused removed his pants and showed his private part to PW1 and her sister-in-law PW3 while they were attending nature's call near her house at night hours - PW1 called her brother PW2 over her phone, who questioned..........
Indian Penal Code, 1860, Section 376 -- Rape - Refusal to undergo medical examination by prosecutrix is no ground to refute claim of rape...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix was blackmailed and forced into this defilement which was much prior to registration of case, which can only be gone into at the time of trial - She in her stand throughout has levelled allegations and how under threat and coercion accused used to defile her..........
Indian Penal Code, 1860, Section 302 -- Murder - Medical evidence - Death by strangulation - Inquest report and post mortem report of deceased are clearly indicative of a struggle or resistance put up by deceased in the last hour - However, defence of accused is that deceased committed suicide - If deceased committed suicide by hanging herself it is unusual that her right..........
Indian Penal Code, 1860, Section 302 -- Murder - Death by strangulation - Prosecution able to successfully establish a case of homicidal death inside the house where deceased resided with accused alone - No evidence on record that information was conveyed to family members of deceased by accused or at the behest of accused - Accused was also not found to be at home when..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 342, 354, 376B, 506, 509, 34 -- Quashing of FIR - Offence u/ss 342, 354, 376-B, 506, 509, 34 IPC - Case in hand is apparently a case of blatant abuse of process of law, wherein complainant has attempted to harass her ex-husband and other members of his family by leveling false and obnoxious..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(va), Indian Penal Code, 1860, Section 323, 506 -- Bail - Offence u/ss 3(i)(r)(s), 3(2)(va) of SC/ST Act and Ss.323, 506 IPC - Allegation that accused being pardhan of Gram Panchayat and an elected representative has made caste..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping - Two contradictory statements by prosecutrix u/s 164 Cr.P.C, belatedly after 15 days of incident - FIR based on hear say - No corroborative medical evidence on record to established defilement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 34 -- Bail - Offence u/ss 306, 34 IPC - Petitioner has been in custody for past 5 months and no prosecution witness has been examined - Bail granted...........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 452, 323, 324, 148, 149 -- Dismissal of complaint - Offence u/ss 452, 323, 324, 148, 149 - Complainant alleged that petitioners trespassed in her house and caused her injuries - However, house found to be in ownership of petitioner - Even, no material on record which can substantiate cause of..........
