Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Statement of accused u/s 313 Cr.P.C. is only to the effect that cheque has been misused - There is no stand in the statement that cheque book was stolen - Presumption not rebutted...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Summoning of additional accused - Sexual assault of 6 years old minor girl - Father of child filed an application to summon person who wears spectacles, as identified by victim - Allegation in first version are only..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was residing in the house of complainant along with his family - He was seen by PWs a day prior to incident in the area where incident occurred and accused was missing from house on day of incident - Ear rings and necklace of deceased was missing when PWs saw dead body of deceased - There..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 419, 465, 467, 415, 417, 471, 477A, 470, 149 -- Bail - Offence u/ss 420, 406, 419, 465, 467, 415, 417, 471, 477-A, 470, 149 IPC - Allegation of financial irregularities against directors and officials of Co-operative society - However, general public or depositor or members of society..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Prior enmity between parties - There were exchange of words prior to occurrence - Blunt side of axe used when deceased was lying facing upwards and injury was caused below on legs only - Informant admittedly took more than one hour to shift injured to hospital and deceased died due to haemorrhage -..........
Criminal Procedure Code, 1973, Section 482, Foreign Contribution (Regulation) Act, 2010, Section 23, 4 -- Quashing of FIR - Offence u/ss 23, 4 of FCRA - High Court while allowing petition u/s 482 Cr.P.C recorded findings on several disputed facts - Defence of accused is to be tested after appreciating evidence during trial - Assessment made by High Court at the stage when..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Company but Company not arraigned as an accused - Complaint u/s 138 of the Act cannot be proceeded - Summoning order quashed...........
Indian Penal Code, 1860, Section 363, 376(2)(i), 341, 323, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Prosecution not established on record that accused was even seen with prosecutrix either on first date of incident or on second date of incident - Evidence on record shows that prosecutrix attended her classes in school..........
Indian Penal Code, 1860, Section 363, 366, 376D, 342, 120B -- Kidnapping and rape - Prosecutrix was running about more than 18 years of her age at the time of incident - It is not clear by prosecutrix how she came in company of accused and how accused branded a knife on her in order to abduct her - Prosecutrix stated that she was kept confined in a Jhuggi for two days,..........
Indian Penal Code, 1860, Section 307, 326, 447, 341, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of accused alongwith victim inside the house having duly armed in the night and then giving indiscriminate blow over the person of the respective injured side by side also giving firearm injury over the person of PW3 by his..........
