Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - There must be a complaint by public servant, who is lawfully empowered, whose lawful order has not been complied with - Provisions of S.195 Cr.P.C are mandatory and no, compliance, with it, will make entire process void ab..........
Criminal Procedure Code, 1973, Section 154, 156, 157, 173(2), 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Cognizable Offence - FIR - Police Officer is not entitled to proceed u/Ss.154, 156, 157 of Cr.P.C - Offence being cognizable by itself, does not enable Police Officer to register an FIR for an offence u/S.188..........
Criminal Procedure Code, 1973, Section 173(2), 195, Indian Penal Code, 1860, Section 188, 21 -- Disobedience to order duly promulgated by public servant - Public Servant - Plea that Final Report filed before Court u/S.173(2) Cr.P.C., must be constructed as complaint u/s.195 is not sustainable - Words used u/S.188 IPC "public servant lawfully empowered" and word used..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 302, 341, 148, 149, 201, 120-B IPC and S.27 Arms Act - Admittedly co-accused are already released on bail - Even, all material witnesses have been examined - As trial may take some time to conclude and no purpose would be served by keeping the petitioner in custody therefore, bail granted...........
Indian Penal Code, 1860, Section 376 -- Rape - Sexual intercourse on pretext of marriage - Love affair between prosecutrix and accused - It is not proved that accused had no intention to marry prosecutrix at the first time of intercourse - It is only when father of accused refused to accept prosecutrix as his daughter-in-law that actual marriage did not take place -..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Prosecution failed to prove the offence of rape committed by accused - Accused has already undergone entire sentence since no bail was granted by High Court - Prosecutrix shall refund the amount of Rs.30,000 paid by accused with 6% interest p.a, if payment was made by accused...........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Double murder case - Evidence of PW3 - PW3 stated that he had seen accused and other accused coming out of his house with blood stained clothes and they proceeded towards house of accused - Witness has reiterated the same in his cross-examination - A blood stained lock and key also recovered on..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Double murder case - Evidence of injured witness/PW2 - PW2's throat was slit in the occurrence causing loss of voice requiring hospitalization for two months - She was a minor student witness aged about 13 years - Presence of PW2 at the place of occurrence and injury caused during occurrence..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Death by burning - No material on record to prove that assault was under grave and sudden provocation - Even, conduct of accused in absconding for 3 months from date of occurrence was contrary to normal human behavior and belies his claim of innocence - Moreover, plea of any burn injuries on the hands of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death by burning - Wife met a homicidal death inside matrimonial home - Accused fail to explain how deceased met a homicidal death inside her house - Accused failed to discharge onus u/s 106 of Evidence Act - Accused rightly convicted...........
